Reference decision: Court of Cassation, No. 19-25.037, 10 June 2021
This decision sheds important light on your property law. Here's what it changes for you.
The situation
The claim for damages brought against a commune, arising from the loss of the capital gain upon the resale of plots after exercising the right of abandonment, concerns a debt subject to the four-year limitation period under section 1, paragraph 1, of Act No. 68-1250 of 31 December 1968, which must be raised before the court hearing the case at first instance has ruled on the merits.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly adhere to statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Plan ahead: 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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