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The remedy available against the
Droit Immobilier

The remedy available against the

📅 Decision of 22 January 2008🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 25 views📖 2 min read

The remedy available against decisions of the insolvency judge ruling on the admission of claims, including where that court, applying an arbitration clause, declares itself without jurisdiction, is an appeal. A court of appeal that holds that the insolvency judge's decision declining jurisdiction in favour of an arbitral tribunal must be referred directly to the arbitrators violates, by refusing to apply, Article 102 of the Act of 25 January 1985.

Reference decision: cc • N° 06-18.703 • 2008-01-22 • View the decision →

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

The situation

The remedy available against decisions of the insolvency judge ruling on the admission of claims, including where that court, applying an arbitration clause, declares itself without jurisdiction, is an appeal. A court of appeal that holds that the insolvency judge's decision declining jurisdiction in favour of an arbitral tribunal must be referred directly to the arbitrators violates, by refusing to apply, Article 102 of the Act of 25 January 1985.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the statutory appeal deadlines
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Be proactive: 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: 06-18.703
  • Court: Cour de cassation
  • Decision of: 22 January 2008

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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