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Constitutes a circumstance
Droit Immobilier

Constitutes a circumstance

📅 Decision of 09 February 2016🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 14 views📖 2 min read

A decision taken collectively by a Bar to suspend all participation of lawyers in the duty solicitor scheme constitutes an insurmountable circumstance, of such a nature as to prevent a person in police custody from being assisted by a lawyer, where the criminal investigation officers, who have no other steps to take, have previously contacted, in particular by telephone, the Bar's duty service, from which they have received confirmation that no assistance under the duty solicitor scheme would be provided.

Reference decision: cc • N° 15-84.277 • 2016-02-09 • View the decision →

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

The situation

A decision taken collectively by a Bar to suspend all participation of lawyers in the duty solicitor scheme constitutes an insurmountable circumstance, of such a nature as to prevent a person in police custody from being assisted by a lawyer, where the criminal investigation officers, who have no other steps to take, have previously contacted, in particular by telephone, the Bar's duty service, from which they have received confirmation that no assistance under the duty solicitor scheme would be provided.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly observe the legal time limits for lodging an appeal
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: 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: 15-84.277
  • Court: Cour de cassation
  • Decision of: 09 February 2016

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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