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When the Indictments Chamber
Droit Immobilier

When the Indictments Chamber

📅 Decision of 28 March 2000🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 23 views📖 2 min read

When the Indictments Chamber finds an act of procedure null and void, only documents that necessarily depend on the invalidated act must be annulled as a consequence. The Indictments Chamber justifies its decision in this way where, after annulling reports of the investigation conducted under a letter of request, on the ground of the irregularity of the police custody, it refuses to extend the annulment to the warrant to appear issued by the investigating judge, to the supplementary submissions of the public prosecutor, to the record of first appearance and to the order for remand in custody, stating that, in light of the earlier elements of the judicial investigation, the police custody was not the necessary prerequisite for those acts. (1).

Reference decision: cc • No. 00-80.090 • 2000-03-28 • View the decision →

This decision provides important clarification regarding your real estate law. Here is what it changes for you.

The situation

When the Indictments Chamber finds an act of procedure null and void, only documents that necessarily depend on the invalidated act must be annulled as a consequence. The Indictments Chamber justifies its decision in this way where, after annulling reports of the investigation conducted under a letter of request, on the ground of the irregularity of the police custody, it refuses to extend the annulment to the warrant to appear issued by the investigating judge, to the supplementary submissions of the public prosecutor, to the record of first appearance and to the order for remand in custody, stating that, in light of the earlier elements of the judicial investigation, the police custody was not the necessary prerequisite for those acts. (1).

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (titles, 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: 00-80.090
  • Court: Cour de cassation
  • Decision of: 28 March 2000

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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