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The appeal lodged, by a solicitor, against
Droit Immobilier

The appeal lodged, by a solicitor, against

📅 Decision of 13 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 15 views📖 2 min read

The appeal lodged, by a solicitor, against an expropriation order is admissible even though the special power of attorney given to this ministerial officer by the applicant was not attached to the certified copy of the record of the appeal nor reproduced in that document, since that document records the existence of the power, which moreover appears among the documents in the proceedings and whose regularity is not contested.

Reference decision: cc • N° 68-70.328 • 1970-01-22 • View the decision →

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

The situation

The appeal lodged, by a solicitor, against an expropriation order is admissible even though the special power of attorney given to this ministerial officer by the applicant was not attached to the certified copy of the record of the appeal nor reproduced in that document, since that document records the existence of the power, which moreover appears among the documents in the proceedings and whose regularity is not contested.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • 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.
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Legal information

  • Number: 68-70.328
  • Court: Cour de cassation

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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