A Court of Appeal judgment does not incur cassation

This decision provides important insight into your property law. Here is what it changes for you.

The situation

A Court of Appeal judgment does not incur cassation where, in order to confirm a judgment convicting a defendant prosecuted for an offence against the Town Planning Code, on the basis of Articles L. 410-1, L. 421-1, L. 440-4 and L. 440-5 of the Town Planning Code, given that Ordinance No. 2005-868 of 28 July 2005, in force in Mayotte since 1 January 2006, created Article L. 740-3 reproducing the criminal offence of Article L. 421-1 of the Town Planning Code applicable at the time of the facts, and that under Article 740-6 of the aforementioned ordinance, the provisions of Articles L. 480-2 to L. 480-14 of the said Code could also be applied.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

• 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.