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Communication of the case to the
Droit Immobilier

Communication of the case to the

📅 Decision of 05 March 1985🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 17 views📖 2 min read

The communication of the case to the public prosecutor required by Article 425 of the new Code of Civil Procedure is not required in a dispute concerning the consequences of the termination of the construction contract between two companies and the respective effects of a surety and a pledge of works on a private contract, even if one of them is in liquidation.

Reference decision: cc • No. 82-16.778 • 1985-03-05 • Consult the decision →

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

The situation

The communication of the case to the public prosecutor required by Article 425 of the new Code of Civil Procedure is not required in a dispute concerning the consequences of the termination of the construction contract between two companies and the respective effects of a surety and a pledge of works on a private contract, even if one of them is in liquidation.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with statutory appeal deadlines
  • Keep all supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: preventive advice always costs less than a dispute

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 82-16.778
  • Court: Cour de cassation
  • Decision of: 05 March 1985

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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