Paragraph 3: Provisions applicable to compensation for damage to property.

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Article R421-20

French Insurance CodeIn force

Updated 7 Nov 2023

1. When the person responsible for the damage has been identified, any victim of damage to property must, on pain of forfeiture of his rights with regard to the guarantee fund, send a declaration to the fund together with a description of the damage and proof of the identity of the adversary, of his liability and of the absence or inadequacy of the insurance or guarantee of the person presumed to be responsible for the damage. This declaration must be sent to the fund within six months of the date on which the victim became aware of the absence or inadequacy of cover of the person presumed to be liable for the damage, in particular by the refusal of that person's insurer to cover the claim, and at the latest within twelve months of the date of the accident, unless the victim is able to prove that, having taken the necessary steps himself or through a representative to obtain the insurer to cover his damages, it was not possible for him within this twelve month period to determine whether or not insurance cover could be provided for his benefit.

However, the forfeiture provided for in the previous paragraph may not be invoked against a victim of an accident who has suffered both personal injury and damage to property or where the person responsible for the damage is unknown.

Where the person responsible for the damage is unknown, any victim of damage to property must, on pain of forfeiture of their rights vis-à-vis the guarantee fund, within three years of the accident, make a declaration accompanied by a description of the damage and establish that the conditions set out in article R. 421-18 have been met.

2. The claim for compensation must be submitted to the guarantee fund within one year of either the date of the settlement or the date of the final court decision.

In addition, the victims or their rightful claimants must, within five years of the accident, have reached a settlement with the person responsible for the accident or taken legal action against him or her or, if the person responsible is unknown, have reached an agreement with the fund or taken the action provided for in article R. 421-14 against the fund.

The time limits provided for in the two preceding paragraphs only run from the day on which the interested parties became aware of the damage, if they can prove that they were unaware of it until then.

These time limits are time-barred, unless the interested parties can prove that they were unable to act before the expiry of these time limits.

3. The provisions of articles R. 421-4 to R. 421-11 apply to compensation for damage to the property of an accident victim who has also suffered personal injury.

Mariela Petrova

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Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

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We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

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Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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