Reference decision: cc • No. 90-17.350 • 1992-01-15 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
A court of referral's judgment is liable to cassation where, in holding that the judgment rendered by the Tribunal has acquired the force of res judicata, it finds that the notice of referral made by a person deprived of the right to act due to their judicial liquidation was inadmissible, without investigating whether a proper service of the cassation judgment had started the 4-month time limit.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Plan ahead: preventive advice is always cheaper than litigation
For an analysis of your situation: 30-min 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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