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When annulled acts are not
Droit Immobilier

When annulled acts are not

📅 Decision of 26 May 1999🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

When annulled acts are not the necessary basis for subsequent acts, the regularity of the latter is not affected. Thus, an indictment chamber, after having annulled a placement in police custody, may consider that this irregularity does not affect the indictment and the remand in custody that followed, provided that, on the one hand, police custody was not a necessary prerequisite for those acts, and, on the other hand, the investigating judge could base his decision only on documents prior to those annulled, the person held in police custody having made no statement during the execution of that measure.

Reference decision: cc • No. 99-81.764 • 1999-05-26 • View the decision →

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

The situation

When annulled acts are not the necessary basis for subsequent acts, the regularity of the latter is not affected. Thus, an indictment chamber, after having annulled a placement in police custody, may consider that this irregularity does not affect the indictment and the remand in custody that followed, provided that, on the one hand, police custody was not a necessary prerequisite for those acts, and, on the other hand, the investigating judge could base his decision only on documents prior to those annulled, the person held in police custody having made no statement during the execution of that measure.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with legal time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, 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: 99-81.764
  • Court: Cour de cassation
  • Decision of: 26 May 1999

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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