The notarial instrument, stating the names,

Application pratique:

Under the Cour de cassation ruling of 11 June 1970, the notarial deed's statement of the witness's abode is conclusive proof of their actual domicile at the time of execution. The couple should immediately point to this jurisprudence, keep the original deed safe, and instruct their notaire to dismiss the challenge. If the seller persists, they should seek a real estate lawyer to formally assert the deed's validity and, if necessary, request the court to rely on this established principle to avoid lengthy litigation.

Application pratique:

The 1970 ruling makes the notarial mention of the witness's abode irrefutable evidence of their residence at the time of signing. The landlord should provide a copy of the deed to the cousin, highlighting the legal force of such statements. To pre-empt any court action, the landlord's avocat can file a motion citing this jurisprudence, ensuring the deed stands unchallenged and the inheritance remains secure.

Application pratique:

The managing agent (syndic) and majority co-owners can rely on the 1970 Cour de cassation decision, which treats the notary's declaration as conclusive proof. They should formally notify the dissenting co-owner that this jurisprudence bars any challenge based on the witness's abode. To avoid delays, the syndic can seek a summary court order to enforce the vote, referencing the deed's probative value and this established case law.