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The Failure to Publish the Mention
Droit Immobilier

The Failure to Publish the Mention

📅 Decision of 09 October 1985🔄 Updated on 13 October 2026⚖️ Cour de cassation👁️ 5 views📖 2 min read

The failure to publish the mention relating to the time limit within which the inquiry commissioner must give his opinion at the end of the parcel inquiry does not constitute an essential formality of a nature to lead to the annulment of the expropriation order, since, on the one hand, no text opposes the publication of the order opening the parcel inquiry being made by a simple notice and, on the other hand, the time limit given to the inquiry commissioner is not subject to any sanction.

Reference decision: cc • N° 84-70.193 • 1985-10-09 • View the decision →

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

The situation

The failure to publish the mention relating to the time limit within which the inquiry commissioner must give his opinion at the end of the parcel inquiry does not constitute an essential formality of a nature to lead to the annulment of the expropriation order, since, on the one hand, no text opposes the publication of the order opening the parcel inquiry being made by a simple notice and, on the other hand, the time limit given to the inquiry commissioner is not subject to any sanction.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly respect the legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: 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: 84-70.193
  • Court: Cour de cassation
  • Decision of: 09 October 1985

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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