Reference decision: Court of Cassation • No. 96-83.554 • 1997-03-12 • View the decision →
This decision sheds important light on your real estate law. Here is what it changes for you.
The situation
The possibility of presenting written observations appended to the proceedings, provided for by Article 63-4, paragraph 4, of the Code of Criminal Procedure, extends to the lawyer appointed by the President of the Bar who, following his interview with the person in police custody, has formed the belief that the latter's wish to speak with his own lawyer was not understood or respected. The criminal court may not annul the proceedings on the allegation of such a grievance solely on the production of a certificate transmitted late by the appointed lawyer to the chosen lawyer. (1).
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 (deeds, instruments, correspondence)
- Be proactive: 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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