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Case laws

Be careful with a contractor's insurance certificate

Be careful with a contractor's insurance certificate

A co-owner is supposed to be mandated by his spouse

A co-owner is supposed to be mandated by his spouse

During construction, the risk is with the contractor

During construction, the risk is with the contractor

The sale of a common part may not be subject to the agreement of all the co-owners

The sale of a common part may not be subject to the agreement of all the co-owners

New abusive clauses in house construction contracts

New abusive clauses in house construction contracts

A seller is rarely committed to the real estate agent

A seller is rarely committed to the real estate agent

Case law | 01/04/23
Be careful with a contractor's insurance certificate The client of a contractor must be vigilant about the latter's insurance, but he is justified in believing that his very general insurance certificate covers all his professional risks.
Case law | 31/03/23
A co-owner is supposed to be mandated by his spouse When a spouse takes over the management of the apartment in co-ownership, he is generally deemed to have received a tacit mandate from the other. The other spouse cannot therefore maintain that all the decisions taken at the general meetings which he did not attend would be null, ruled the Court of Cassation.
Case law | 23/03/23
Toxic algae, possible hidden defect for the house by the sea The seasonal presence of toxic algae on the coast represents a defect for nearby houses, which must be reported in a real estate sale, according to a judgment of the Court of Cassation.
Case law | 22/03/23
New abusive clauses in house construction contracts A contract for the construction of an individual house may contain numerous abusive clauses which have just been highlighted by the Court of Cassation.
Case law | 20/03/23
A seller is rarely committed to the real estate agent It is not because the real estate agent has found a buyer at the asking price that the seller is committed and obliged to sign the sale with this one.
Case law | 17/03/23
Total compensation if the expropriation displaces a business The trader forced to move because of an expropriation must be compensated without taking into account the dilapidation of his installations.
Case law | 08/03/23
Old housing may not meet current standards The tenant of an old dwelling cannot demand that everything be up to current standards.
Case law | 15/02/23
The bare owner cannot give notice to the tenant The bare owner of a dwelling does not have the power to give notice to the tenant since he does not have the right to use the dwelling.
Case law | 03/02/23
For proof of charges, you have to go to the trustee The trustee is required to communicate the supporting documents for the co-ownership charges to the co-owners who request them, before the general meeting, but not to send them to them.
Case law | 28/12/22
The expropriated party is not entitled to part of the future profit The profit that will be made with certainty on an expropriated property does not have to be shared by the expropriating party with its former owner, repeated the Court of Cassation.