The judge is not prohibited from referring to

This decision provides important insight into your property law. Here is what it changes for you.

The situation

It is not prohibited for the judge to rely on an anonymous statement, not accompanied by the production of documents, provided that this statement is submitted to the judge by means of a document drawn up and signed by the investigators, thereby enabling its content to be assessed, and is corroborated by other information described and analysed by him; therefore, by basing his decision on the anonymous statement in question, without mentioning that the record of the hearing containing it had been presented to him and without specifying, other than by reference to an annexed document to the application, not described, that it was recorded in a document drawn up and signed by the investigators, the President of the Court does not enable the Court of Cassation to exercise its review and does not satisfy the requirements of Article 48 of the Ordinance of 1 December 1986.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.