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No interest in challenging a judgment
Droit Immobilier

No interest in challenging a judgment

📅 Decision of 19 November 2013🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 21 views📖 2 min read

The judicial liquidator, who invoked the application of French law, has no interest in challenging a judgment that rejected his application for annulment of a transaction entered into during the suspect period on the grounds of both French collective proceedings law and Luxembourg law, the latter being considered applicable to the transaction, since the Court of Appeal, under the guise of applying Luxembourg law, the relevant provisions of which are similar, applied it in a manner consistent with the French law relied upon.

Reference decision: cc • No. 12-23.020 • 2013-11-19 • View the decision →

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

The situation

The judicial liquidator, who invoked the application of French law, has no interest in challenging a judgment that rejected his application for annulment of a transaction entered into during the suspect period on the grounds of both French collective proceedings law and Luxembourg law, the latter being considered applicable to the transaction, since the Court of Appeal, under the guise of applying Luxembourg law, the relevant provisions of which are similar, applied it in a manner consistent with the French law relied upon.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly observe the statutory time limits for appeals.
  • Keep all supporting documents (title deeds, instruments, correspondence).
  • Be proactive: preventive legal advice is always cheaper 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: 12-23.020
  • Court: Cour de cassation
  • Decision of: 19 November 2013

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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