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Do not suffice to establish that all
Droit Immobilier

Do not suffice to establish that all

📅 Decision of 06 July 2005🔄 Updated on 19 October 2026⚖️ Cour de cassation👁️ 21 views📖 2 min read

Do not suffice to establish that all other enforcement actions by a creditor against a property investment company would have been, due to the insufficiency of the company’s assets, deprived of effectiveness, within the meaning of Article 1858 of the Civil Code, the grounds of a Court of Appeal that held that this creditor initiated foreclosure proceedings on the property given as security and only became aware of the insufficiency of the auction price at a date very close to that of the dissolution of the company, the company’s assets having been entirely realised following the pre-emption of the other property.

Reference decision: cc • N° 04-12.175 • 2005-07-06 • Consult the decision →

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

The situation

Do not suffice to establish that all other enforcement actions by a creditor against a property investment company would have been, due to the insufficiency of the company’s assets, deprived of effectiveness, within the meaning of Article 1858 of the Civil Code, the grounds of a Court of Appeal that held that this creditor initiated foreclosure proceedings on the property given as security and only became aware of the insufficiency of the auction price at a date very close to that of the dissolution of the company, the company’s assets having been entirely realised following the pre-emption of the other property.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly adhere to legal time limits for appeals
  • Keep all supporting documents (title deeds, instruments, correspondence)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation with Maître Zakine at €45.

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

  • Number: 04-12.175
  • Court: Cour de cassation
  • Decision of: 06 July 2005

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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