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The amendment of Article R
Droit Immobilier

The amendment of Article R

📅 Decision of 10 September 2008🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 8 views📖 2 min read

The amendment of Article R. 12-4 of the Code of Expropriation for Public Utility by Decree No. 2005-467 of 13 May 2005 does not have the effect of prohibiting the correction of omissions or inaccuracies in the particulars intended to establish the regularity of the expropriation order by examination of the documents in the file, since that possibility is reserved to the judge by Article 459 of the Code of Civil Procedure, now applicable to expropriation proceedings.

Reference decision: Court of Cassation • No. 01-70.217 • 2008-09-10 • View the decision →

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

The situation

The amendment of Article R. 12-4 of the Code of Expropriation for Public Utility by Decree No. 2005-467 of 13 May 2005 does not have the effect of prohibiting the correction of omissions or inaccuracies in the particulars intended to establish the regularity of the expropriation order by examination of the documents in the file, since that possibility is reserved to the judge by Article 459 of the Code of Civil Procedure, now applicable to expropriation proceedings.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (deeds, instruments, 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: 01-70.217
  • Court: Cour de cassation
  • Decision of: 10 September 2008

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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