Reference decision: cc • No. 94-17.709 • 1998-11-06 • Consult the decision →
This decision provides important insight into your property law. Here is what it means for you.
The situation
Every person has the right to have their case heard by an impartial tribunal, this requirement being assessed objectively, therefore a judge who has ruled in interim relief proceedings on a claim for an interim payment on the ground that an obligation is not seriously contestable, cannot subsequently rule on the merits of the dispute relating to that obligation.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly adhere to statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-min 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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