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No legal provision or
Droit Immobilier

No legal provision or

📅 Decision of 11 May 2006🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

No legal or contractual provision prevents notification to a person, even one previously held in police custody, irrespective of the duration of that measure, of an arrest warrant, which is to be understood as the order given by the investigating judge to the police force to bring the person before him. The formalities provided for in Article 127 of the Code of Criminal Procedure are complied with where the person concerned is presented within the legal time limit to the public prosecutor, who has territorial jurisdiction by reason of the place where the person is located, after the end of the police custody, carried out pursuant to a letter rogatory, when the arrest warrant just issued by the investigating judge is notified to him.

Reference decision: cc • N° 06-81.232 • 2006-05-11 • View decision →

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

The situation

No legal or contractual provision prevents notification to a person, even one previously held in police custody, irrespective of the duration of that measure, of an arrest warrant, which is to be understood as the order given by the investigating judge to the police force to bring the person before him. The formalities provided for in Article 127 of the Code of Criminal Procedure are complied with where the person concerned is presented within the legal time limit to the public prosecutor, who has territorial jurisdiction by reason of the place where the person is located, after the end of the police custody, carried out pursuant to a letter rogatory, when the arrest warrant just issued by the investigating judge is notified to him.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal 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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Legal information

  • Number: 06-81.232
  • Court: Cour de cassation
  • Decision of: 11 May 2006

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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