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A decision must be quashed which, in order to
Droit Immobilier

A decision must be quashed which, in order to

📅 Decision of 15 December 1988🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 30 views📖 2 min read

A decision must be quashed which, in order to authorise searches and seizures in the premises, vehicles and safes belonging to a company, merely holds that the information provided gives rise to a presumption that it is evading payment of corporation tax and VAT, and that it has knowingly omitted to make accounting entries, as such grounds do not enable the Court of Cassation to check whether the merits of the application have been verified in a concrete manner.

Reference decision: cc • No. 87-19.759 • 1988-12-15 • View the decision →

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

The situation

A decision must be quashed which, in order to authorise searches and seizures in the premises, vehicles and safes belonging to a company, merely holds that the information provided gives rise to a presumption that it is evading payment of corporation tax and VAT, and that it has knowingly omitted to make accounting entries, as such grounds do not enable the Court of Cassation to check whether the merits of the application have been verified in a concrete manner.

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, letters)
  • 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: 87-19.759
  • Court: Cour de cassation
  • Decision of: 15 December 1988

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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