An old stone wall, wrongly destroyed by the neighbor, has to be rebuilt identically. This is what the Court of Cassation ruled in its decision of March 28, 2019.
Owners go to court to get the identical reconstruction of their old stone retaining wall. Partially demolished by their neighbor, it had been replaced by a wall made of agglomerates. The Court of Appeal considers that this reconstruction does not involve any risk to property, and therefore no harm.
However, the Court of Cassation applies the principle of full reparation. This principle requires the parties to be restored to the state they were in before the damage was inflicted without having to prove any damage. The old stone wall must therefore be rebuilt with the same materials.
