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The interpretive reservation issued by
Droit Immobilier

The interpretive reservation issued by

📅 Decision of 20 November 2024🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 13 views📖 2 min read

The interpretive reservation issued by the Constitutional Council in its decision No. 2011-151 QPC of 13 July 2011, according to which the interference with the right to property resulting from the forced allocation provided for by 2° of Article 274 of the Civil Code cannot be regarded as a measure proportionate to the public interest pursued unless it constitutes a subsidiary method of enforcement of the lump-sum compensatory allowance, with the result that it may only be ordered by the judge where, in the light of the circumstances of the case, the methods provided for in 1° do not appear sufficient to guarantee payment of that allowance, applies only in the absence of the debtor's consent to the contemplated allocation, the judge otherwise recovering his sovereign power to determine the methods of enforcement of the lump-sum compensatory allowance which he considers most appropriate

Reference decision: cc • No. 22-19.154 • 2024-11-20 • Consult the decision →

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

The situation

The interpretive reservation issued by the Constitutional Council in its decision No. 2011-151 QPC of 13 July 2011, according to which the interference with the right to property resulting from the forced allocation provided for by 2° of Article 274 of the Civil Code cannot be regarded as a measure proportionate to the public interest pursued unless it constitutes a subsidiary method of enforcement of the lump-sum compensatory allowance, with the result that it may only be ordered by the judge where, in the light of the circumstances of the case, the methods provided for in 1° do not appear sufficient to guarantee payment of that allowance, applies only in the absence of the debtor's consent to the contemplated allocation, the judge otherwise recovering his sovereign power to determine the methods of enforcement of the lump-sum compensatory allowance which he considers most appropriate

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

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

  • Number: 22-19.154
  • Court: Cour de cassation
  • Decision of: 20 November 2024

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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