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Does not violate the principle of
Droit Immobilier

Does not violate the principle of

📅 Decision of 20 May 1980🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 14 views📖 2 min read

The Court of Appeal does not violate the adversarial principle where, seized of a plea of lack of jurisdiction of the ordinary courts, it infers the nature of a contract from an examination of its clauses, provided that the claimant had based its claim on the failure by the defendant, a public body responsible for the development of a district, to perform its contractual obligations resulting from its failure to carry out its development mission.

Reference decision: cc • No. 79-12.540 • 1980-05-20 • View the decision →

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

The situation

The Court of Appeal does not violate the adversarial principle where, seized of a plea of lack of jurisdiction of the ordinary courts, it infers the nature of a contract from an examination of its clauses, provided that the claimant had based its claim on the failure by the defendant, a public body responsible for the development of a district, to perform its contractual obligations resulting from its failure to carry out its development mission.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, 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: 79-12.540
  • Court: Cour de cassation
  • Decision of: 20 May 1980

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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