Aller au contenu principal
Violates Articles 1 and 30 of the
Droit Immobilier

Violates Articles 1 and 30 of the

📅 Decision of 02 October 1990🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 26 views📖 2 min read

Violates Articles 1 and 30 of the Convention on the Contract for the International Carriage of Goods by Road of 13 May 1956 (CMR) the court which, in order to reject the consignee's reservations made by telex due to late delivery of the goods, states that the requirements of Article 105 of the Commercial Code have not been complied with, even though, since the place of taking over the goods and the place provided for delivery are located in different countries, the carriage governed by a single contract was therefore, to the exclusion of national law, subject in all its parts to the CMR.

Reference decision: cc • No. 88-18.561 • 1990-10-02 • View the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Violates Articles 1 and 30 of the Convention on the Contract for the International Carriage of Goods by Road of 13 May 1956 (CMR) the court which, in order to reject the consignee's reservations made by telex due to late delivery of the goods, states that the requirements of Article 105 of the Commercial Code have not been complied with, even though, since the place of taking over the goods and the place provided for delivery are located in different countries, the carriage governed by a single contract was therefore, to the exclusion of national law, subject in all its parts to the CMR.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with legal time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, 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.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 88-18.561
  • Court: Cour de cassation
  • Decision of: 02 October 1990

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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide