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An insurer with whom a
Droit Immobilier

An insurer with whom a

📅 Decision of 27 June 1995🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 34 views📖 2 min read

An insurer with whom a person has taken out a “multi-risk building” insurance policy cannot, following damage caused to neighbouring buildings by construction work carried out by the insured in his building, rely against the insured on the absence of subscription to the compulsory liability and property damage insurance contracts provided for by Articles L. 241-1 and L. 242-2 of the French Insurance Code, since the insured's liability is sought on a tortious basis.

Reference decision: cc • No. 92-10.723 • 1995-06-27 • View the decision →

This decision provides important clarification of your property law rights. Here is what it means for you.

The situation

An insurer with whom a person has taken out a “multi-risk building” insurance policy cannot, following damage caused to neighbouring buildings by construction work carried out by the insured in his building, rely against the insured on the absence of subscription to the compulsory liability and property damage insurance contracts provided for by Articles L. 241-1 and L. 242-2 of the French Insurance Code, since the insured's liability is sought on a tortious basis.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 92-10.723
  • Court: Cour de cassation
  • Decision of: 27 June 1995

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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