Reference decision: cc • N° 00-85.984 • 2001-09-04 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
The criminal judge must, in application of the provisions of Article 385 of the Code of Criminal Procedure, rule on all pleas of nullity that have been regularly submitted to him. A court of appeal breaches these provisions, applicable on appeal by virtue of Article 512 of the Code of Criminal Procedure, when, seized of proceedings against a foreign defendant both for irregular entry and residence and for evading a removal order, it refuses to examine the lawfulness of the arrest and police custody that preceded the administrative detention procedure..
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: 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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