Reference decision: cc • No. 09-71.575 • 2010-12-16 • View decision →
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
The failure to implement a clause in a contract establishing a mandatory conciliation procedure as a prerequisite to bringing the matter before a judge constitutes a ground of inadmissibility that can be remedied during the proceedings. Consequently, Article 126 of the Code of Civil Procedure is violated when the Court of Appeal upholds such a ground of inadmissibility, whereas at the date of its decision, the cause of inadmissibility had ceased to exist, as the claimants had implemented the conciliation procedure in the form required by the preliminary sale agreement and, after noting its failure, had renewed their claims before the judge.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the legal time limits for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Anticipate: preventive advice is always cheaper 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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