Medical care

Reference decision: cc • No. 97-81.635 • 1997-05-27 • View the decision →

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

The situation

The temporary medical care, at the initiative and under the control of police officers, of a person placed in police custody whose behaviour proves incompatible with their interview, does not have the effect of automatically suspending the execution of this measure or the running of the time limit provided for by Article 63-4 of the Code of Criminal Procedure; except in insurmountable circumstances, that person must, when they have requested it, have been given the opportunity to speak with a lawyer at the end of the twentieth hour following the start of the police custody.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

Strictly comply with the statutory time limits for appeals
Keep all your supporting documents (title deeds, deeds, letters)
Plan ahead: 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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Practical use cases

Landlord facing tenant arrears in Lyon

A landlord in Lyon has a tenant who has not paid rent for three months, owing €2,400. The landlord wants to regain possession but is unsure how to proceed without breaching statutory notice periods.

Practical application:

This case law reinforces the need to strictly comply with legal time limits. The landlord must serve a formal demand for payment (mise en demeure) and respect the notice period in the lease before initiating eviction proceedings. Keep a dated copy of all correspondence and proof of delivery, as these documents will be essential if the tenant contests the action. Consult a lawyer immediately to avoid missing any court filing deadlines.

First-time buyer discovers hidden defect in Bordeaux

A first-time buyer purchased a 1970s apartment in Bordeaux for €250,000. Six months after moving in, they discover severe damp caused by a leaking roof that the seller did not disclose.

Practical application:

The decision highlights the importance of acting within statutory time limits and preserving evidence. Under French law, a claim for hidden defects (vices cachés) must be filed within two years of discovering the defect. The buyer should immediately obtain a professional inspection report and send a formal notice to the seller. Keep the purchase deed, all correspondence, and photographs as proof of the defect and the date it was discovered.

Co-owner challenging service charge decision in Nice

A co-owner in a condominium in Nice receives a notice of an extraordinary general meeting that approved a €15,000 roof repair, with their share set at €3,000. They believe the vote was irregular because they were not properly notified.

Practical application:

This case law underlines the necessity of strict compliance with appeal deadlines. In French co-ownership law, a decision can be challenged within two months of notification of the minutes. The co-owner must send a registered letter to the syndic (property manager) contesting the decision and then file an action before the judicial court within that two-month window. Keep all meeting notices and minutes, as they are critical evidence. Preventive advice from a lawyer before the meeting could have identified the notification defect.

Medical care

The situation

What the law says

Points to remember

Legal information

Source

Keywords

Practical use cases

Landlord facing tenant arrears in Lyon

First-time buyer discovers hidden defect in Bordeaux

Co-owner challenging service charge decision in Nice

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Maître Zakine, Doctor of Law