Reference decision: cc • No. 17-86.695 • 2018-12-05 • View decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
The condition relating to the confiscable nature, under French law, of the property concerned by the request for mutual assistance, set out in Article 713-37, 2°, of the Code of Criminal Procedure, which aims to exclude the enforcement of a foreign confiscation order contrary to the rules in force on national territory, is assessed in the light of the rules applicable on the date on which the French court seised of the request rules. An order is not subject to censure if, relying on the provisions of Article 131-21 of the Code of Criminal Procedure in force on the date on which the Court of Appeal ruled, it authorised, after verifying that the conditions were met, the enforcement in France of a value confiscation ordered by a foreign court over a property of which the convicted person was not the owner but had free disposal.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the legal time limits for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Anticipate: preventive advice always costs less than litigation
Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.
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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