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May not be invoked for the first
Droit Immobilier

May not be invoked for the first

📅 Decision of 11 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 25 views📖 2 min read

A ground of appeal may not be raised for the first time before the Court of Cassation arguing that ordinary payment actions, brought by a creditor against a debtor whose judicial settlement or winding-up has been ordered, even before the declaratory judgment, are mandatorily suspended and replaced by the procedure for filing and verification of debts.

Reference decision: Cour de cassation • No. 76-11.213 • 1978-05-08 • View the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

A ground of appeal may not be raised for the first time before the Court of Cassation arguing that ordinary payment actions, brought by a creditor against a debtor whose judicial settlement or winding-up has been ordered, even before the declaratory judgment, are mandatorily suspended and replaced by the procedure for filing and verification of debts.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Scrupulously observe the statutory time limits for appeals
  • Keep all your supporting documents (deeds, instruments, letters)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30 min 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: 76-11.213
  • Court: Cour de cassation

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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