Breyne Law case law: the reference rulings

The Breyne Law has generated rich case law over 50 years. Here are the rulings that guide today’s decisions.

1. On contract nullity

Cass. 22 March 2019: nullity for absence of security deposit certificate is invocable by the buyer without time limit as long as final reception has not been pronounced. This ruling is authoritative for all post-2019 cases.

Mons 8 June 2021: specifies that nullity does not exempt the buyer from restoring any enjoyment.

2. On down payments and instalments

Liège 14 October 2020: the land/construction split must appear explicitly in the contract. Failing that, doubt benefits the buyer, who can demand a security deposit recalculation.

Brussels 12 March 2023: a fund call exceeding actual progress constitutes a contractual fault giving rise to damages.

3. On abusive clauses

Mons 5 February 2022: an excessive price revision clause (indexation higher than construction inflation) is void. The court substituted the initial price.

Cass. 17 November 2022: penalties capped at 5% of price are valid, but do not exempt the contractor from repairing the higher prejudice if demonstrated.

4. On reception

Liège 9 June 2021: implicit provisional reception (taking possession) is only admitted in the absence of manifest reservations. With visible defects, occupation does not constitute acceptance. See Article 9.

Our Breyne Law advisory integrates this case law in every case — legal precision guaranteed.