Reference decision: cc • N° 83-14.955 • 1985-02-27 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The Court of Appeal, seised of an application for rectification of an omission to adjudicate, undermines the authority of res judicata attaching to its first judgment by increasing, while subjecting them to a revaluation, the sums which had been awarded by the first judgment, whereas after having recalled the claim seeking revision of the principal sums awarded by the judgment in compensation for a loss, that judgment had, in its operative part, dismissed all contrary or further claims of the parties, thereby necessarily dismissing all claims referred to in the grounds and not granted in the operative part.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, letters)
- Plan ahead: preventive advice always costs less than litigation.
For an analysis of your situation: a 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
→ Prendre RDV pour une consultation droit du travail |
→ Browse all our legal articles
