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In view of the provisions of
Droit Immobilier

In view of the provisions of

📅 Decision of 14 November 1984🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 14 views📖 2 min read

In view of the provisions of article 43 of the Rural Code, it is only for the courts of the judicial order to rule on all disputes relating to the finding of uncultivated state, whether it be the finding of that state by the departmental commission for land reorganisation and consolidation or the finding of the renunciation of the development of the land, after formal notice given by prefectural order. Consequently, the civil courts alone have jurisdiction to rule on the validity of the prefectural order recording the failure to develop land, and this both when the challenge to that validity is based on the said order's disregard of the time limits laid down in articles 39 paragraph II of the Rural Code and 14 of Decree No. 78-1071 of 8 November 1978, and when the challenge concerns the actual failure to develop the land. The only exception to this jurisdiction of the judicial courts could arise only from the invocation against the order of a defect peculiar to it, unconnected with the application of the legislation on the development of reclaimable uncultivated land, in which case a preliminary question would be required.

Reference decision: cc • N° 82-12.689 • 1984-11-14 • View the decision →

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

The situation

In view of the provisions of article 43 of the Rural Code, it is only for the courts of the judicial order to rule on all disputes relating to the finding of uncultivated state, whether it be the finding of that state by the departmental commission for land reorganisation and consolidation or the finding of the renunciation of the development of the land, after formal notice given by prefectural order. Consequently, the civil courts alone have jurisdiction to rule on the validity of the prefectural order recording the failure to develop land, and this both when the challenge to that validity is based on the said order's disregard of the time limits laid down in articles 39 paragraph II of the Rural Code and 14 of Decree No. 78-1071 of 8 November 1978, and when the challenge concerns the actual failure to develop the land. The only exception to this jurisdiction of the judicial courts could arise only from the invocation against the order of a defect peculiar to it, unconnected with the application of the legislation on the development of reclaimable uncultivated land, in which case a preliminary question would be required.

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, instruments, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 82-12.689
  • Court: Cour de cassation
  • Decision of: 14 November 1984

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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