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Manifest intoxication is a fact
Droit Immobilier

Manifest intoxication is a fact

📅 Decision of 24 April 1990🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

Manifest intoxication is a material fact that can be established by means of sensory evidence without it being necessary for the report attesting to it to set out specific signs in support. The defendant cannot criticise the superfluous statements by which the judgment, which refers to the police report, further states that at the time of his arrest he was gesticulating and shouting (1).

Reference decision: cc • No. 89-81.515 • 1990-04-24 • Consult the decision →

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

The situation

Manifest intoxication is a material fact that can be established by means of sensory evidence without it being necessary for the report attesting to it to set out specific signs in support. The defendant cannot criticise the superfluous statements by which the judgment, which refers to the police report, further states that at the time of his arrest he was gesticulating and shouting (1).

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the legal deadlines for appeal
  • Keep all your supporting documents (deeds, instruments, correspondence)
  • Plan ahead: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 89-81.515
  • Court: Cour de cassation
  • Decision of: 24 April 1990

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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