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In Noting the Automatic Acquisition
Droit Immobilier

In Noting the Automatic Acquisition

📅 Decision of 26 November 1997🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 22 views📖 2 min read

By noting the automatic operation of the forfeiture clause which rendered the debt due for the recovery of which the third-party debt orders had been executed, the enforcement judge, seised of a challenge against these enforcement measures, merely exercised the powers conferred upon him by Article L. 311-12-1 of the Judicial Organisation Code.

Reference decision: cc • N° 95-18.138 • 1997-11-26 • View the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

By noting the automatic operation of the forfeiture clause which rendered the debt due for the recovery of which the third-party debt orders had been executed, the enforcement judge, seised of a challenge against these enforcement measures, merely exercised the powers conferred upon him by Article L. 311-12-1 of the Judicial Organisation Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (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: 95-18.138
  • Court: Cour de cassation
  • Decision of: 26 November 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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