Aller au contenu principal
The res judicata attached
Droit Immobilier

The res judicata attached

📅 Decision of 03 February 2011🔄 Updated on 7 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

The res judicata attached to an operative provision not overturned by cassation can only be invoked when the matter subsequently claimed is the same and the claim is based on the same cause and is brought between the same parties, acting in the same capacity. Therefore, the court of appeal on remand, ruling anew on the facts and the law with regard to the other co-tortfeasor, who is jointly and severally liable with the first, does not infringe the res judicata attached to a provision, not overturned by cassation, of a previous judgment which had ordered an apportionment of liability between a co-tortfeasor of the damage and the victim, by declaring that other co-tortfeasor entirely liable for the same damage.

Reference decision: cc • N° 09-71.179 • 2011-02-03 • View the decision →

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

The situation

The res judicata attached to an operative provision not overturned by cassation can only be invoked when the matter subsequently claimed is the same and the claim is based on the same cause and is brought between the same parties, acting in the same capacity. Therefore, the court of appeal on remand, ruling anew on the facts and the law with regard to the other co-tortfeasor, who is jointly and severally liable with the first, does not infringe the res judicata attached to a provision, not overturned by cassation, of a previous judgment which had ordered an apportionment of liability between a co-tortfeasor of the damage and the victim, by declaring that other co-tortfeasor entirely liable for the same damage.

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, letters)
  • 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.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 09-71.179
  • Court: Cour de cassation
  • Decision of: 03 February 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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide