Failure to notify the

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

Failure to notify a person in police custody of the change in the classification of an offence that they are suspected of having committed or attempted to commit, as ordered by the public prosecutor after notification of an initial classification, can only lead to a finding of nullity if it resulted in an actual harm to the person's interests, within the meaning of Article 802 of the Code of Criminal Procedure. Such harm is not established where, during a hearing of the person in police custody conducted without prior notification of the change in classification, the person, by answering the investigators' questions, made no statement by which they incriminated themselves.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously comply with the statutory time limits for appeals
• Keep all your supporting documents (deeds, instruments, letters)
• Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.