Aller au contenu principal
Territorial Authorities
Droit Foncier

Territorial Authorities

📅 Decision of 14 November 2012🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

Since territorial authorities are not entities with an economic purpose, even though they may be called upon to promote the maintenance or development of the economy in their territory and are endowed with powers of financial or economic intervention, and therefore do not constitute undertakings within the meaning of Article 98(3) of Decree No. 91-1197 of 27 November 1991, Category A civil servants or equivalent staff assigned to their legal department cannot, whatever functions they perform, be described as 'in-house legal counsel'.

Reference decision: cc • No. 11-18.995 • 14 November 2012 • View the decision →

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

The situation

Since territorial authorities are not entities with an economic purpose, even though they may be called upon to promote the maintenance or development of the economy in their territory and are endowed with powers of financial or economic intervention, and therefore do not constitute undertakings within the meaning of Article 98(3) of Decree No. 91-1197 of 27 November 1991, Category A civil servants or equivalent staff assigned to their legal department cannot, whatever functions they perform, be described as 'in-house legal counsel'.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, letters)
  • Plan ahead: 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.
→ Prendre RDV pour une consultation servitudes  |  → Browse all our legal articles

Legal information

  • Number: 11-18.995
  • Court: Cour de cassation
  • Decision of: 14 November 2012

Keywords

droit immobilierjurisprudencefoncier
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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide