Reference decision: cc • No. 02-86.597 • 2004-01-28 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
When a statutory provision, the legal basis of a criminal offence, remains in force, the repeal of regulatory instruments adopted for its application has no retroactive effect. The Court of Appeal justifies its decision by excluding the application of Article 28 of the Decree of 7 March 2001, which raised the threshold above which the tender procedure is mandatory, since, on the one hand, the acts were committed before the entry into force of that text and, on the other hand, the statutory provisions, the legal basis of the offence, have not been amended (1).
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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