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A decision does not incur censure where,
Droit Immobilier

A decision does not incur censure where,

📅 Decision of 11 February 1998🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 21 views📖 2 min read

A decision does not incur censure where, in refusing to annul the placement in police custody of a person of Tunisian nationality who had been notified, in French, of the rights attached to that placement, it notes that when subsequently heard with the assistance of an Arabic-speaking interpreter, that person, who had resided in France since 1973, stated that they had understood the nature and scope of the notification given in French, and that the use of an interpreter was justified by the difficulties relating to the attitude of the person being heard(1).

Reference decision: cc • No. 97-85.542 • 1998-02-11 • Consult the decision →

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

The situation

A decision does not incur censure where, in refusing to annul the placement in police custody of a person of Tunisian nationality who had been notified, in French, of the rights attached to that placement, it notes that when subsequently heard with the assistance of an Arabic-speaking interpreter, that person, who had resided in France since 1973, stated that they had understood the nature and scope of the notification given in French, and that the use of an interpreter was justified by the difficulties relating to the attitude of the person being heard(1).

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the legal time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, 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: 97-85.542
  • Court: Cour de cassation
  • Decision of: 11 February 1998

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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