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In ordering the destruction of the
Droit Immobilier

In ordering the destruction of the

📅 Decision of 19 August 2026🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 22 views📖 2 min read

In ordering the destruction of the works carried out following and in defiance of the provisionally enforceable order of the interim relief judge which had ordered their cessation, the Court of Appeal, without prejudging the merits, merely exercised the power conferred on it, in all cases of urgency, by paragraph 2 of Article 73 of the Decree of 9 September 1971, as amended by the Decree of 17 December 1973, to order the restoration measures necessary to put an end to a manifestly unlawful disturbance.

Reference decision: cc • No. 74-13.752 • 1975-10-21 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

In ordering the destruction of the works carried out following and in defiance of the provisionally enforceable order of the interim relief judge which had ordered their cessation, the Court of Appeal, without prejudging the merits, merely exercised the power conferred on it, in all cases of urgency, by paragraph 2 of Article 73 of the Decree of 9 September 1971, as amended by the Decree of 17 December 1973, to order the restoration measures necessary to put an end to a manifestly unlawful disturbance.

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 legal remedies
  • Keep all your supporting documents (deeds, instruments, correspondence)
  • Plan ahead: preventive advice is always cheaper than litigation

For an analysis of your situation: a 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: 74-13.752
  • Court: Cour de cassation

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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