Reference decision: Court of Cassation • No. 03-15.151 • 2004-10-27 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
A party is barred from invoking, by a contrary argument, the violation of the principle of non-cumulation of possessory and petitory actions, where it had asked the Court of Appeal, seised of a possessory action, to rule on the petitory issue by stating that the land belonging to the opposing party was not landlocked.
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, instruments, correspondence)
- Plan ahead: 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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