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The condition relating to the confiscable nature
Droit-immobilier

The condition relating to the confiscable nature

📅 Decision of 05 December 2018🔄 Updated on 7 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

The condition relating to the confiscable nature, under French law, of the property concerned by the request for mutual assistance, set out in Article 713-37, 2°, of the Code of Criminal Procedure, which aims to exclude the enforcement of a foreign confiscation order contrary to the rules in force on national territory, is assessed in the light of the rules applicable on the date on which the French court seised of the request rules. An order is not subject to censure if, relying on the provisions of Article 131-21 of the Code of Criminal Procedure in force on the date on which the Court of Appeal ruled, it authorised, after verifying that the conditions were met, the enforcement in France of a value confiscation ordered by a foreign court over a property of which the convicted person was not the owner but had free disposal.

Reference decision: cc • No. 17-86.695 • 2018-12-05 • View decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The condition relating to the confiscable nature, under French law, of the property concerned by the request for mutual assistance, set out in Article 713-37, 2°, of the Code of Criminal Procedure, which aims to exclude the enforcement of a foreign confiscation order contrary to the rules in force on national territory, is assessed in the light of the rules applicable on the date on which the French court seised of the request rules. An order is not subject to censure if, relying on the provisions of Article 131-21 of the Code of Criminal Procedure in force on the date on which the Court of Appeal ruled, it authorised, after verifying that the conditions were met, the enforcement in France of a value confiscation ordered by a foreign court over a property of which the convicted person was not the owner but had free disposal.

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 (titles, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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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: 17-86.695
  • Court: Cour de cassation
  • Decision of: 05 December 2018

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Landlord facing foreign confiscation order

A landlord in Paris (Paris) owns a flat rented to a tenant convicted of drug trafficking in Germany. The German court issues a value confiscation order over the flat, even though the landlord is the owner. The French court must decide whether to enforce the order.

Practical application:

Under this case law, the French court will assess the confiscation order based on current French law. Since the tenant has free disposal of the property (as a tenant), the court may authorize enforcement if conditions are met. The landlord should immediately provide proof of ownership and argue that the tenant does not have free disposal in a sense that would allow confiscation of the property itself. Consult a French real estate lawyer to contest the enforcement and protect your ownership.

2

First-time buyer with title dispute

A first-time buyer in Lyon (Lyon) purchases an apartment, but later discovers a foreign court had issued a confiscation order against the previous owner. The buyer fears losing the property.

Practical application:

The case law confirms that French courts apply current law at the time of ruling, not at the time of the order. If the buyer acquired the property in good faith before the enforcement request, they may have a defense. The buyer should gather all purchase documents and prove they are a bona fide purchaser for value. Act quickly to file a motion with the French court to oppose enforcement, citing your ownership rights.

3

Co-owner in dispute over shared asset

In Nice (Nice), a co-owner owns a 50% share of a holiday home. The other co-owner is convicted of fraud in Italy, and an Italian confiscation order targets the entire property. The French court considers enforcement.

Practical application:

This case law shows that enforcement may be allowed if the convicted person had free disposal of the property. However, as a co-owner, you have ownership rights. You should argue that your share is not subject to confiscation because you are not the convicted person. Provide the co-ownership agreement and evidence of your separate interest. A lawyer can help file a claim to protect your share from enforcement.

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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