Reference decision: Court of Cassation • No. 89-70.332 • 20 March 1991 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
According to Article R. 12-4 of the Expropriation Code, an expropriation order may subsequently be rectified, according to the same rules as judgments, to correct errors or omissions, whether material or relating to the designation of the persons or properties expropriated. The expropriation judge violates the provisions of this text by rejecting an application for rectification of a material error on the ground that this error is raised in one of the grounds of the appeal against the order, whereas the existence of an appeal to the Court of Cassation does not deprive the court that rendered the decision under appeal of the possibility of rectifying it.
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 (titles, deeds, correspondence)
- Be proactive: 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.
→ Prendre RDV pour une consultation droit du travail |
→ Browse all our legal articles
