Reference decision: cc • N° 06-12.186 • 2007-10-03 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
When the power under Article 925 of the New Code of Civil Procedure to refer a case initially brought under the fixed-date procedure to the case management judge is exercised, the proceedings are conducted under that judge's supervision in accordance with Articles 911 et seq. of the New Code of Civil Procedure. When a decision of a Court of Appeal seized under the fixed-date procedure has been quashed, the remitting Court of Appeal rightly decides that it is properly seized of the claims made by the appellant which were not included in his application for authorisation to use the fixed-date procedure, provided that the proceedings were conducted before the remitting court in accordance with the ordinary procedure with pre-trial preparation during which the parties regularly exchanged written submissions.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly 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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