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The rule according to which the
Droit Immobilier

The rule according to which the

📅 Decision of 23 June 2011🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 33 views📖 2 min read

The rule that limitation periods do not run against a person who is unable to act due to any impediment resulting either from the law, from an agreement, or from force majeure does not apply where the holder of the right of action still had, at the time that impediment ceased, the necessary time to act before the expiry of the limitation period.

Reference decision: cc • No. 10-18.530 • 2011-06-23 • Consult the decision →

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

The situation

The rule that limitation periods do not run against a person who is unable to act due to any impediment resulting either from the law, from an agreement, or from force majeure does not apply where the holder of the right of action still had, at the time that impediment ceased, the necessary time to act before the expiry of the limitation period.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for bringing an action
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • 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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Legal information

  • Number: 10-18.530
  • Court: Cour de cassation
  • Decision of: 23 June 2011

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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