Reference decision: Court of Cassation • No. 93-16.520 • 1995-03-28 • View decision →
This decision provides important clarification regarding property law. Here is what it changes for you.
The situation
Except in cases where review proceedings may be brought, a judicial decision ordering a person to pay a debt under a contract precludes that person from challenging the binding force of that same contract by relying on new grounds of defence which they omitted to raise during the proceedings; consequently, the decision declaring inadmissible, on grounds of res judicata, the subsequent claim for annulment of that contract is legally justified (judgments nos. 1 and 2).
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Comply strictly with the legal time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Be proactive: 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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