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Droit Immobilier

The First President of a Court

📅 Decision of 05 May 1993🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 10 views📖 1 min read

The First President of a Court of Appeal may not stay the provisional enforcement of judicial decisions which, like interim orders, benefit from it as of right.

Reference decision: cc • No. 91-19.241 • 1993-05-05 • Consult the decision →

This decision sheds important light on your property rights. Here is what it changes for you.

The situation

The First President of a Court of Appeal may not stay the provisional enforcement of judicial decisions which, like interim orders, benefit from it as of right.

What the law says

This decision confirms the fundamental principles of property law.

Key points

Scrupulously respect the statutory time limits for appeal
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: 91-19.241
Court: Cour de cassation
Decision of: 05 May 1993

Source

Read the full decision →

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

Landlord Enforces Eviction Despite Tenant’s Appeal

A landlord in Nice obtains a référé (interim order) from the Tribunal Judiciaire for €3,500 in unpaid rent and the eviction of a tenant. The tenant appeals and requests the First President of the Court of Appeal to stay the order, citing personal hardship.

Practical application:

Because interim orders are provisionally enforceable as of right, the First President cannot stay them. The landlord should immediately instruct a bailiff (huissier) to enforce the eviction and recover the debt, as the appeal does not block enforcement. Keep all court documents ready to show the bailiff; do not wait for the appeal outcome.

First-Time Buyer Secures Urgent Expert Inspection Despite Appeal

After buying a 1970s apartment in Paris for €350,000, the buyer discovers severe undisclosed dampness. They obtain a référé-expertise to appoint a court expert. The seller appeals and tries to stay the order via the First President, claiming no urgency.

Practical application:

The rule prevents the First President from suspending an interim order like a référé-expertise. The buyer should contact the appointed expert immediately to schedule the inspection and preserve evidence. Even though an appeal is pending, the expert can proceed, and the report can be used in subsequent proceedings.

Co-Ownership Syndic Halts Illegal Works Despite Owner’s Appeal

In a Lyon co-ownership, a co-owner converts a storage room into a studio without approval. The syndic (property manager) secures a référé to stop the works. The co-owner appeals and petitions the First President to suspend the order, claiming financial loss.

Practical application:

Interim orders like this are enforceable as of right; no stay is possible. The syndic should serve the order on the co-owner and, if works continue, request police assistance to stop them. The co-owner must comply now, regardless of the appeal, or face penalties.

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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