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The judge is not required to seek of his own motion
Droit Immobilier

The judge is not required to seek of his own motion

📅 Decision of 01 June 2005🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 26 views📖 1 min read

The judge is not required to seek of his own motion for the statutory provisions likely to justify a claim brought before him on the basis of a specified text.

Reference decision: cc • No. 04-12.824 • 2005-06-01 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The judge is not required to seek of his own motion for the statutory provisions likely to justify a claim brought before him on the basis of a specified text.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly observe the statutory time limits for appeals.
  • Keep all your supporting documents (title deeds, instruments, correspondence).
  • Be proactive: preventative 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: 04-12.824
  • Court: Cour de cassation
  • Decision of: 01 June 2005

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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