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Judges cannot, except in the
Droit Immobilier

Judges cannot, except in the

📅 Decision of 28 February 2006🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 14 views📖 2 min read

Judges cannot, except in the cases provided for by Article 125 of the new Code of Civil Procedure, raise of their own motion a plea of inadmissibility which is not a matter of public policy. It follows that a court cannot raise of its own motion the plea of inadmissibility under Article 70 of the new Code of Civil Procedure arising from the absence of a sufficient link between the counterclaim and the original claim.

Reference decision: Court of Cassation, No. 04-15.983, 28 February 2006 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Judges cannot, except in the cases provided for by Article 125 of the new Code of Civil Procedure, raise of their own motion a plea of inadmissibility which is not a matter of public policy. It follows that a court cannot raise of its own motion the plea of inadmissibility under Article 70 of the new Code of Civil Procedure arising from the absence of a sufficient link between the counterclaim and the original claim.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

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

  • Number: 04-15.983
  • Court: Cour de cassation
  • Decision of: 28 February 2006

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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