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The tax collector, who finds himself
Droit Immobilier

The tax collector, who finds himself

📅 Decision of 24 June 2003🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 21 views📖 2 min read

The tax collector, who finds himself unable to register his lien after the order opening the insolvency proceedings because of the prohibition established by Article L. 621-50, paragraph 1, of the Commercial Code, nevertheless retains his lien, pursuant to the second paragraph of that article, for the debts which he was not required to register on the date of the order opening the proceedings, provided that those debts have been declared. The judgment which orders the admission as an unsecured debt of the tax claim assessed before the order opening the proceedings and which the collector was not required to register on the date of that order must be quashed.

Reference decision: cc • N° 00-18.828 • 2003-06-24 • Consult the decision →

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

The situation

The tax collector, who finds himself unable to register his lien after the order opening the insolvency proceedings because of the prohibition established by Article L. 621-50, paragraph 1, of the Commercial Code, nevertheless retains his lien, pursuant to the second paragraph of that article, for the debts which he was not required to register on the date of the order opening the proceedings, provided that those debts have been declared. The judgment which orders the admission as an unsecured debt of the tax claim assessed before the order opening the proceedings and which the collector was not required to register on the date of that order must be quashed.

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: 00-18.828
  • Court: Cour de cassation
  • Decision of: 24 June 2003

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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