Property case law: analysis and practical advice

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

The situation

It follows from the combined provisions of Articles R. 233-13, R. 222-14 and R. 222-15 of the Code of Civil Enforcement Procedures that, once it has been stamped with the enforcement formula, the order granting an injunction to deliver or return, which produces all the effects of a final judgment given after adversarial proceedings at last instance, is not subject to being withdrawn but may be appealed to the Court of Cassation to challenge the regularity of the issuance of the enforcement formula.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for lodging 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.