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Pursuant to the provisions of
Droit Immobilier

Pursuant to the provisions of

📅 Decision of 06 May 1997🔄 Updated on 15 October 2026⚖️ Cour de cassation👁️ 6 views📖 2 min read

Pursuant to the provisions of Articles 77 and 78 of the Code of Criminal Procedure, a person who voluntarily attends the police station to which he is summoned may, during a preliminary investigation, be questioned about the facts alleged against him, before being placed in police custody. His questioning is not irregular provided that the notification of the rights mentioned in Articles 63-2, 63-3 and 63-4 of the Code of Criminal Procedure is made immediately upon actual placement in police custody and that the duration of this measure is calculated from the time of arrival at the police station. (1).

Reference decision: cc • N° 96-80.369 • 1997-05-06 • View the decision →

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

The situation

Pursuant to the provisions of Articles 77 and 78 of the Code of Criminal Procedure, a person who voluntarily attends the police station to which he is summoned may, during a preliminary investigation, be questioned about the facts alleged against him, before being placed in police custody. His questioning is not irregular provided that the notification of the rights mentioned in Articles 63-2, 63-3 and 63-4 of the Code of Criminal Procedure is made immediately upon actual placement in police custody and that the duration of this measure is calculated from the time of arrival at the police station. (1).

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 supporting documents (title deeds, deeds, 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: 96-80.369
  • Court: Cour de cassation
  • Decision of: 06 May 1997

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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