Reference decision: cc • No. 00-80.090 • 2000-03-28 • View the decision →
This decision provides important clarification regarding your real estate law. Here is what it changes for you.
The situation
When the Indictments Chamber finds an act of procedure null and void, only documents that necessarily depend on the invalidated act must be annulled as a consequence. The Indictments Chamber justifies its decision in this way where, after annulling reports of the investigation conducted under a letter of request, on the ground of the irregularity of the police custody, it refuses to extend the annulment to the warrant to appear issued by the investigating judge, to the supplementary submissions of the public prosecutor, to the record of first appearance and to the order for remand in custody, stating that, in light of the earlier elements of the judicial investigation, the police custody was not the necessary prerequisite for those acts. (1).
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly comply with statutory time limits for appeals
- Keep all your supporting documents (titles, 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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