Reference decision: Court of Cassation • No. 81-15.751 • 1982-12-15 • View the decision →
This decision provides important insight into your family and property rights. Here is what it means for you.
The situation
Having held that the purchaser of a second-hand vehicle could not seriously be reproached for having awaited the final determination of the criminal prosecution for fraud as to the qualities of the thing sold, brought against him in his capacity as reseller, before bringing an action for warranty against latent defects against the seller, the Court of Appeal merely exercised its sovereign power of assessment as to the length of the short period allowed by Article 1648 of the French Civil Code in declaring that action admissible, it having been brought two years and five months after the settlement.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for bringing claims
- Keep all your supporting documents (title deeds, legal instruments, correspondence)
- Plan ahead: preventive advice always costs less than a dispute
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