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Exceeds its powers relating to
Droit Immobilier

Exceeds its powers relating to

📅 Decision of 24 October 2012🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 6 views📖 2 min read

Exceeds its powers relating solely to the manner of exercise of joint ownership rights, the Court of Appeal, ruling in summary proceedings, which rules on the existence of the right of use and habitation that the surviving spouse, on the basis of Article 764 of the Civil Code, opposes to the other joint owners.

Reference decision: cc • N° 11-17.094 • 2012-10-24 • View decision →

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

The situation

Exceeds its powers relating solely to the manner of exercise of joint ownership rights, the Court of Appeal, ruling in summary proceedings, which rules on the existence of the right of use and habitation that the surviving spouse, on the basis of Article 764 of the Civil Code, opposes to the other joint owners.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

  • Strictly comply with the legal time limits for appeal
  • Keep all your supporting documents (titles, deeds, 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: 11-17.094
  • Court: Cour de cassation
  • Decision of: 24 October 2012

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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