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Appealable, by
Droit Immobilier

Appealable, by

📅 Decision of 21 October 1982🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 21 views📖 2 min read

Pursuant to Article 838(6) of the Code of Civil Procedure, a judgment ruling on a ground of nullity of an overbid is subject to appeal, provided that the nullity invoked arises prior to receipt of the surety.

Reference decision: Cour de cassation • No. 81-13.306 • 21 October 1982 • View the decision →

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

The situation

Pursuant to Article 838(6) of the Code of Civil Procedure, a judgment ruling on a ground of nullity of an overbid is subject to appeal, provided that the nullity invoked arises prior to receipt of the surety.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Scrupulously observe the legal time limits for appeal
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Anticipate: preventive advice is always cheaper 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: 81-13.306
  • Court: Cour de cassation
  • Decision of: 21 October 1982

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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