Reference decision: cc • No. 76-14.798 • 1978-10-24 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
The ground of appeal complaining that the Court of Appeal allowed the action brought by the forced heirs for the nullity of a sale entered into by the deceased, without having obtained the reduction of the gift made by the latter to his spouse, must be dismissed, since, this gift having as its object, not the entirety of the property comprising the estate, but only the disposable portion, the forced heirs had standing to bring the action for nullity as succeeding to the rights of the seller.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly observe the legal time limits for appeals
- Keep all your supporting documents (titles, deeds, letters)
- Plan ahead: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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