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Makes exact application of the article
Droit Immobilier

Makes exact application of the article

📅 Decision of 19 October 2010🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 24 views📖 2 min read

The investigating chamber, which, in order to order the annulment of the police custody records and the interviews conducted during it, states that the person in police custody had the benefit of the presence of a lawyer but not of his assistance in conditions allowing him to organise his defence and to prepare with him the interrogations in which that lawyer could not, as French legislation stood, participate, correctly applies Article 6 of the European Convention on Human Rights.

Reference decision: Court of Cassation • No. 10-82.306 • 2010-10-19

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

The situation

The investigating chamber, which, in order to order the annulment of the police custody records and the interviews conducted during it, states that the person in police custody had the benefit of the presence of a lawyer but not of his assistance in conditions allowing him to organise his defence and to prepare with him the interrogations in which that lawyer could not, as French legislation stood, participate, correctly applies Article 6 of the European Convention on Human Rights.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly respect the legal time limits for appeals
  • 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: 10-82.306
  • Court: Cour de cassation
  • Decision of: 19 October 2010

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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