Reference decision: Court of Cassation • No. 08-12.105 • 2009-04-30 • Consult the decision →
This decision provides important clarification on your immovable property law. Here is what it means for you.
The situation
Neither the Ordinance of 21 April 2006 on the seizure of immovable property, nor its implementing decree, imposes an obligation on the pursuing creditor to serve the formal notice to pay taking effect as a seizure on the debtor’s cohabiting partner, where the seizure concerns a property owned exclusively by the debtor and constituting the family residence.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly adhere to statutory time limits for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Plan ahead: preventive advice is always cheaper than litigation
For an analysis of your situation: 30-minute consultation for €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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