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The oral nature of proceedings before the
Droit Immobilier

The oral nature of proceedings before the

📅 Decision of 04 March 2004🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 22 views📖 2 min read

The oral nature of proceedings before the county court requires a party to appear or be represented in order to validly formulate claims and justify them. Consequently, a county court, seised of a claim by referral for lack of jurisdiction of a High Court, may not, in the absence of the appearance or representation of a party at the hearing, take into account written submissions even if they were validly filed before the court originally seised of the dispute, since they were not presented orally at the bar.

Reference decision: cc • No. 02-11.423 • 2004-03-04 • Consult the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The oral nature of proceedings before the county court requires a party to appear or be represented in order to validly formulate claims and justify them. Consequently, a county court, seised of a claim by referral for lack of jurisdiction of a High Court, may not, in the absence of the appearance or representation of a party at the hearing, take into account written submissions even if they were validly filed before the court originally seised of the dispute, since they were not presented orally at the bar.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for 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: 02-11.423
  • Court: Cour de cassation
  • Decision of: 04 March 2004

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Landlord misses hearing, loses unpaid rent claim

A landlord in Marseille sued a tenant for €8,500 in unpaid rent over 10 months, starting in the high court before the case was transferred to the county court due to the amount. The landlord's lawyer filed detailed written submissions but did not attend the county court hearing.

Practical application:

County court proceedings are oral; a party must appear or be represented to validly present claims. Because the landlord was absent, the court could not consider the written submissions, even though they were filed earlier. To avoid dismissal, the landlord must attend in person or ensure a lawyer is present to argue orally. If unavoidable, request an adjournment with justification before the hearing date.

2

First-time buyer's hidden defect claim rejected

A first-time buyer in Bordeaux purchased a flat for €210,000 and discovered major damp issues six months later, leading to a €20,000 damages claim against the seller. The case was referred from the high court to the county court, and the buyer submitted a comprehensive written dossier but could not attend the hearing due to a work commitment overseas.

Practical application:

Written submissions are not sufficient in the oral county court procedure; the buyer must appear or be represented to have the claim heard. The court cannot rely on the written dossier alone, so the claim would be disregarded. The buyer should instruct a lawyer to attend and present the arguments orally, or request a later hearing date with proof of the travel obligation. Planning ahead for attendance is essential to avoid losing the case.

3

Co-owner challenges building works, misses court date

A co-owner in a Nice condominium opposed a €30,000 special levy for roof repairs passed by the syndicate, and challenged the vote in the high court. After the case was transferred to the county court, the co-owner sent written observations but did not attend the hearing, assuming the judge would read them.

Practical application:

The oral nature of county court proceedings means the co-owner must present the challenge orally at the bar; the court cannot consider written observations if the party is absent. To pursue the dispute, the co-owner should appear or instruct a lawyer to speak on their behalf. If attendance is impossible, a formal request for postponement with strong reasons should be filed before the hearing. Keeping all supporting documents is useful, but they must be orally introduced to be part of the record.

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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