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It is a principle that the judge
Droit Immobilier

It is a principle that the judge

📅 Decision of 30 January 2001🔄 Updated on 10 October 2026⚖️ Cour de cassation👁️ 24 views📖 2 min read

It is a principle that the investigating judge who has received a complaint lodged with an application to be joined as a civil party, in accordance with the provisions of Article 85 of the Code of Criminal Procedure, is required to investigate, as if seised by an opening indictment from the public prosecutor. Furthermore, under paragraph 4 of Article 86 of the same Code, the public prosecutor may only seise the investigating judge with submissions that no investigation be opened if, for reasons affecting the public prosecution itself, the facts cannot legally give rise to a prosecution, or if, even if the facts were proved, they could not be given any criminal classification. Therefore, the decision of the indictment chamber which, by an abstract examination of the charge referred to in the complaint, refuses to investigate on the grounds that the facts would constitute a minor offence (contravention) and were not committed within its territorial jurisdiction, must be quashed. (1).

Reference decision: cc • No. 00-80.656 • 2001-01-30 • Consult the decision →

This decision provides important clarification regarding your real estate law. Here is what it changes for you.

The situation

It is a principle that the investigating judge who has received a complaint lodged with an application to be joined as a civil party, in accordance with the provisions of Article 85 of the Code of Criminal Procedure, is required to investigate, as if seised by an opening indictment from the public prosecutor. Furthermore, under paragraph 4 of Article 86 of the same Code, the public prosecutor may only seise the investigating judge with submissions that no investigation be opened if, for reasons affecting the public prosecution itself, the facts cannot legally give rise to a prosecution, or if, even if the facts were proved, they could not be given any criminal classification. Therefore, the decision of the indictment chamber which, by an abstract examination of the charge referred to in the complaint, refuses to investigate on the grounds that the facts would constitute a minor offence (contravention) and were not committed within its territorial jurisdiction, must be quashed. (1).

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal time limits for appeals
  • Keep all your supporting documents (deeds, documents, 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: 00-80.656
  • Court: Cour de cassation
  • Decision of: 30 January 2001

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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