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Compensation of the victim of a
Droit Immobilier

Compensation of the victim of a

📅 Decision of 27 November 1996🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

Compensation of the victim of an offence is subject, where the victim is not of French nationality, in particular to the condition that the facts were committed on national territory. Accordingly, a judgment is liable to be quashed which upholds the claim of a person of German nationality, victim of violence in Germany, by military personnel stationed in the Federal Republic of Germany, on the grounds that the operating rules of the armed forces tribunal of the French forces in Germany entail the applicability of French law to the stationing zone of those forces and, by a legal fiction, the addition to the national territory of the court's jurisdiction.

Reference decision: cc • N° 94-17.823 • 1996-11-27 • View the decision →

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

The situation

Compensation of the victim of an offence is subject, where the victim is not of French nationality, in particular to the condition that the facts were committed on national territory. Accordingly, a judgment is liable to be quashed which upholds the claim of a person of German nationality, victim of violence in Germany, by military personnel stationed in the Federal Republic of Germany, on the grounds that the operating rules of the armed forces tribunal of the French forces in Germany entail the applicability of French law to the stationing zone of those forces and, by a legal fiction, the addition to the national territory of the court's jurisdiction.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

  • Scrupulously 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: 94-17.823
  • Court: Cour de cassation
  • Decision of: 27 November 1996

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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