Reference decision: cc • N° 94-17.823 • 1996-11-27 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Compensation of the victim of an offence is subject, where the victim is not of French nationality, in particular to the condition that the facts were committed on national territory. Accordingly, a judgment is liable to be quashed which upholds the claim of a person of German nationality, victim of violence in Germany, by military personnel stationed in the Federal Republic of Germany, on the grounds that the operating rules of the armed forces tribunal of the French forces in Germany entail the applicability of French law to the stationing zone of those forces and, by a legal fiction, the addition to the national territory of the court's jurisdiction.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Scrupulously comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, 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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