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Amnesty laws, exceptional laws,
Droit Foncier

Amnesty laws, exceptional laws,

📅 Decision of 06 December 1988🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 32 views📖 2 min read

Amnesty laws, exceptional laws, must be interpreted according to their own terms. It is not for the courts to extend their provisions to cases they have not envisaged. The provisions of Article 2.1° of the Law of 20 July 1988 granting amnesty are not applicable where the offence prosecuted, and punishable only, as a principal penalty, by a fine, is likely to entail an ancillary or additional penalty, even if optional (1).

Reference decision: cc • No. 88-82.676 • 1988-12-06 • Consult the decision →

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

The situation

Amnesty laws, exceptional laws, must be interpreted according to their own terms. It is not for the courts to extend their provisions to cases they have not envisaged. The provisions of Article 2.1° of the Law of 20 July 1988 granting amnesty are not applicable where the offence prosecuted, and punishable only, as a principal penalty, by a fine, is likely to entail an ancillary or additional penalty, even if optional (1).

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (deeds, instruments, 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: 88-82.676
  • Court: Cour de cassation
  • Decision of: 06 December 1988

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.

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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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