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The applicant for nullity is
Droit Immobilier

The applicant for nullity is

📅 Decision of 16 February 2011🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 4 views📖 2 min read

The applicant for nullity is admissible to raise grounds based on the irregularity of acts carried out in a judicial investigation to which he is not a party, and which have been added to the proceedings, where he alleges an infringement of one of his rights which was committed in the separate proceedings or that the documents filed are likely to have been unlawfully obtained. The res judicata authority attached to a decision rendered, on an application for nullity, in the context of the judicial investigation to which he is not a party cannot be invoked against him

Reference decision: cc • No. 10-82.865 • 2011-02-16 • View the decision →

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

The situation

The applicant for nullity is admissible to raise grounds based on the irregularity of acts carried out in a judicial investigation to which he is not a party, and which have been added to the proceedings, where he alleges an infringement of one of his rights which was committed in the separate proceedings or that the documents filed are likely to have been unlawfully obtained. The res judicata authority attached to a decision rendered, on an application for nullity, in the context of the judicial investigation to which he is not a party cannot be invoked against him

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)
  • Plan ahead: 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: 10-82.865
  • Court: Cour de cassation
  • Decision of: 16 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.

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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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