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When the creditor withdraws from the immovable property seizure procedure that it has initiated
Droit Immobilier

When the creditor withdraws from the immovable property seizure procedure that it has initiated

📅 Decision of 11 January 2018🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

When the creditor withdraws from the immovable property seizure procedure that it has initiated, the enforcement judge no longer has jurisdiction to rule on the challenges raised in connection therewith nor to rule on counterclaims arising from or related to that procedure

Reference decision: cc • N° 16-22.829 • 2018-01-11 • Consult the decision →

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

The situation

When the creditor withdraws from the immovable property seizure procedure that it has initiated, the enforcement judge no longer has jurisdiction to rule on the challenges raised in connection therewith nor to rule on counterclaims arising from or related to that procedure

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly 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: 16-22.829
  • Court: Cour de cassation
  • Decision of: 11 January 2018

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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