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A judgment is liable to be quashed where it...
Droit Immobilier

A judgment is liable to be quashed where it...

📅 Decision of 20 September 2026🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 11 views📖 2 min read

A judgment is liable to be quashed where it upheld the holder's claim for payment of the amount of a bill of exchange against the defendant without responding to the defendant's submissions that this claim for payment was inadmissible, since it was directed against him personally whereas he had accepted the bill in question only in his capacity as manager of a private limited company (SARL).

Reference decision: Court of Cassation • No. 73-14.471 • 3 November 1975 • View the decision →

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

The situation

A judgment is liable to be quashed where it upheld the holder's claim for payment of the amount of a bill of exchange against the defendant without responding to the defendant's submissions that this claim for payment was inadmissible, since it was directed against him personally whereas he had accepted the bill in question only in his capacity as manager of a private limited company (SARL).

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 bringing an appeal
  • Keep all your 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: 73-14.471
  • 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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