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A member of the board of directors
Droit Immobilier

A member of the board of directors

📅 Decision of 14 January 1998🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 13 views📖 2 min read

Since a member of the board of directors of a public limited company acting as a syndic cannot be equated with that separate legal entity and is neither a servant of it nor bound to it by any relationship of subordination, a court of appeal, rightly holding that Article 21 of the Act of 10 July 1965 is to be interpreted strictly, correctly finds that he does not fall within any of the disqualification cases provided for by law.

Reference decision: Court of Cassation • No. 96-12.513 • 14 January 1998 • View the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

Since a member of the board of directors of a public limited company acting as a syndic cannot be equated with that separate legal entity and is neither a servant of it nor bound to it by any relationship of subordination, a court of appeal, rightly holding that Article 21 of the Act of 10 July 1965 is to be interpreted strictly, correctly finds that he does not fall within any of the disqualification cases provided for by law.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly observe the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Anticipate: preventive advice is always less expensive than litigation

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

  • Number: 96-12.513
  • Court: Cour de cassation
  • Decision of: 14 January 1998

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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