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Is vitiated by a formal defect which
Droit Foncier

Is vitiated by a formal defect which

📅 Decision of 26 June 2013🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 44 views📖 2 min read

Is vitiated by a formal defect which must lead to its annulment, the order which pronounces the transfer of ownership of a parcel belonging jointly to spouses, in the absence of proof that the individual notification of the deposit in the town hall of the parcel inquiry file was made to the wife by the expropriating authority which is responsible for carrying out this formality, whereas the parcel schedule annexed to the transferability order mentions the deed of ownership of the spouses

Reference decision: cc • N° 12-21.595 • 2013-06-26 • View the decision →

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

The situation

Is vitiated by a formal defect which must lead to its annulment, the order which pronounces the transfer of ownership of a parcel belonging jointly to spouses, in the absence of proof that the individual notification of the deposit in the town hall of the parcel inquiry file was made to the wife by the expropriating authority which is responsible for carrying out this formality, whereas the parcel schedule annexed to the transferability order mentions the deed of ownership of the spouses

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly respect the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, 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: 12-21.595
  • Court: Cour de cassation
  • Decision of: 26 June 2013

Keywords

droit immobilierjurisprudencefoncier
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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