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Failure to summon the lawyer
Droit Immobilier

Failure to summon the lawyer

📅 Decision of 20 May 2014🔄 Updated on 9 October 2026⚖️ Cour de cassation👁️ 26 views📖 2 min read

The failure to summon the lawyer of the person under judicial investigation to the adversarial hearing prior to the decision on the extension of pre-trial detention may be justified by an unforeseeable and insurmountable cause external to the justice system. A change of the lawyer's contact details does not constitute such a cause where he made them known, prior to the adversarial hearing, by a specific communication to the clerk of the examining magistrate.

Reference decision: Court of Cassation • No. 14-81.429 • 2014-05-20 • View decision →

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

The situation

The failure to summon the lawyer of the person under judicial investigation to the adversarial hearing prior to the decision on the extension of pre-trial detention may be justified by an unforeseeable and insurmountable cause external to the justice system. A change of the lawyer's contact details does not constitute such a cause where he made them known, prior to the adversarial hearing, by a specific communication to the clerk of the examining magistrate.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Scrupulously comply with statutory time limits for appeals or applications
  • Keep all your supporting documents (title deeds, deeds, 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: 14-81.429
  • Court: Cour de cassation
  • Decision of: 20 May 2014

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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