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Acquiescence, express or tacit,
Droit Immobilier

Acquiescence, express or tacit,

📅 Decision of 27 April 1982🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 22 views📖 2 min read

Acquiescence, whether express or tacit, must be certain and results from acts incompatible with the intention to lodge an appeal; consequently, the Court of Appeal, which declares inadmissible the appeal of a party ordered to pay a sum by a judgment which, while also noting a conciliation reached during the proceedings, did not record that party's undertaking to pay that same sum, violates Articles 544 and 546 of the New Code of Civil Procedure.

Reference decision: Cass. • No. 81-11.255 • 1982-04-27 • View the decision →

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

The situation

Acquiescence, whether express or tacit, must be certain and results from acts incompatible with the intention to lodge an appeal; consequently, the Court of Appeal, which declares inadmissible the appeal of a party ordered to pay a sum by a judgment which, while also noting a conciliation reached during the proceedings, did not record that party's undertaking to pay that same sum, violates Articles 544 and 546 of the New Code of Civil Procedure.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • 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: 81-11.255
  • Court: Cour de cassation
  • Decision of: 27 April 1982

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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