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The judge is not prohibited from referring to
Droit Immobilier

The judge is not prohibited from referring to

📅 Decision of 26 October 1993🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 34 views📖 2 min read

It is not prohibited for the judge to rely on an anonymous statement, not accompanied by the production of documents, provided that this statement is submitted to the judge by means of a document drawn up and signed by the investigators, thereby enabling its content to be assessed, and is corroborated by other information described and analysed by him; therefore, by basing his decision on the anonymous statement in question, without mentioning that the record of the hearing containing it had been presented to him and without specifying, other than by reference to an annexed document to the application, not described, that it was recorded in a document drawn up and signed by the investigators, the President of the Court does not enable the Court of Cassation to exercise its review and does not satisfy the requirements of Article 48 of the Ordinance of 1 December 1986.

Reference decision: cc • No. 92-13.658 • 1993-10-26 • View the decision →

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

The situation

It is not prohibited for the judge to rely on an anonymous statement, not accompanied by the production of documents, provided that this statement is submitted to the judge by means of a document drawn up and signed by the investigators, thereby enabling its content to be assessed, and is corroborated by other information described and analysed by him; therefore, by basing his decision on the anonymous statement in question, without mentioning that the record of the hearing containing it had been presented to him and without specifying, other than by reference to an annexed document to the application, not described, that it was recorded in a document drawn up and signed by the investigators, the President of the Court does not enable the Court of Cassation to exercise its review and does not satisfy the requirements of Article 48 of the Ordinance of 1 December 1986.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: 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: 92-13.658
  • Court: Cour de cassation
  • Decision of: 26 October 1993

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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