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The authority of res judicata which
Droit Immobilier

The authority of res judicata which

📅 Decision of 20 January 2021🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 25 views📖 2 min read

The authority of res judicata which attaches to the irrevocable decision admitting a claim to the liabilities of the liquidation of a civil law partnership is binding on its partners, so that, if he has not made the claim provided for by Article R. 624-8 of the Commercial Code against such a decision, within the time limit set by that text, a partner in a civil law partnership undergoing judicial liquidation has no interest in bringing third party opposition to the earlier decision ordering the partnership to pay the said claim and on the basis of which the claim was admitted

Reference decision: cc • No. 19-13.539 • 2021-01-20 • View the decision →

This decision sheds important light on your real estate law. Here is what it means for you.

The situation

The authority of res judicata which attaches to the irrevocable decision admitting a claim to the liabilities of the liquidation of a civil law partnership is binding on its partners, so that, if he has not made the claim provided for by Article R. 624-8 of the Commercial Code against such a decision, within the time limit set by that text, a partner in a civil law partnership undergoing judicial liquidation has no interest in bringing third party opposition to the earlier decision ordering the partnership to pay the said claim and on the basis of which the claim was admitted

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

For an analysis of your situation: 30-min 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: 19-13.539
  • Court: Cour de cassation
  • Decision of: 20 January 2021

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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