Reference decision: cc • No. 89-14.377 • 1990-11-07 • Consult the decision →
This decision provides important insight into your property law rights. Here is what it changes for you.
The situation
The three-year limitation period under Article 8 of the Code of Criminal Procedure does not apply to the action brought by the prefect pursuant to Article L. 315-1 of the Town Planning Code, which does not originate from the offence previously prosecuted before the criminal court. Similarly, the five-year limitation period under Article 1304 of the Civil Code, which only concerns actions for annulment based on a defect in consent, does not apply.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly observe the statutory time limits for lodging an appeal
- 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 for €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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