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Does not disregard the limits of the
Droit Immobilier

Does not disregard the limits of the

📅 Decision of 18 April 1989🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 6 views📖 2 min read

The Court of Appeal does not exceed the limits of judicial competence when it orders an animal protection society, authorised by a prefectural order to establish a refuge for abandoned animals within the territory of a commune, to evacuate the animals from the refuge where they are housed, provided that the scope of the said order extends to the entire territory of the commune and that the society owns land of sufficient surface area on that territory to establish a new refuge in another location and thus not interrupt its activity.

Reference decision: cc • N° 85-14.757 • 1989-04-18 • Consult the decision →

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

The situation

The Court of Appeal does not exceed the limits of judicial competence when it orders an animal protection society, authorised by a prefectural order to establish a refuge for abandoned animals within the territory of a commune, to evacuate the animals from the refuge where they are housed, provided that the scope of the said order extends to the entire territory of the commune and that the society owns land of sufficient surface area on that territory to establish a new refuge in another location and thus not interrupt its activity.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 85-14.757
  • Court: Cour de cassation
  • Decision of: 18 April 1989

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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