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To constitute the offence of insult
Droit Immobilier

To constitute the offence of insult

📅 Decision of 08 April 2014🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 29 views📖 2 min read

To constitute the offence of public insult within the meaning of Article 23 of the Law of 29 July 1881, the insulting remarks must have been 'uttered', that is to say spoken aloud in circumstances indicating an intention to make them public. Such circumstances are characterised by the judgment which, in order to declare the defendant guilty of public insult, holds that the disputed remarks, also heard by the addressee's wife, were made in a loud voice in a courtyard of a building comprising several flats and to which the public has access.

Reference decision: cc • N° 12-87.497 • 2014-04-08 • View the decision →

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

The situation

To constitute the offence of public insult within the meaning of Article 23 of the Law of 29 July 1881, the insulting remarks must have been 'uttered', that is to say spoken aloud in circumstances indicating an intention to make them public. Such circumstances are characterised by the judgment which, in order to declare the defendant guilty of public insult, holds that the disputed remarks, also heard by the addressee's wife, were made in a loud voice in a courtyard of a building comprising several flats and to which the public has access.

What the law says

This decision confirms the fundamental principles of property law.

Key points to note

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: 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: 12-87.497
  • Court: Cour de cassation
  • Decision of: 08 April 2014

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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