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To request from the liberty and custody judge and
Droit Immobilier

To request from the liberty and custody judge and

📅 Decision of 15 May 2013🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 6 views📖 2 min read

To request from the liberty and custody judge the extension of the decision to place a foreign national in detention, the prefect has a period of five days from that decision, which period may not exceed seven days in the event of placement in police custody. Consequently, the order of the first president of a court of appeal which held that the duration of the police custody had to be included in the five-day period granted to the prefect to refer the matter to the liberty and custody judge is liable to be quashed.

Reference decision: cc • No. 12-16.082 • 2013-05-15 • View the decision →

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

The situation

To request from the liberty and custody judge the extension of the decision to place a foreign national in detention, the prefect has a period of five days from that decision, which period may not exceed seven days in the event of placement in police custody. Consequently, the order of the first president of a court of appeal which held that the duration of the police custody had to be included in the five-day period granted to the prefect to refer the matter to the liberty and custody judge is liable to be quashed.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, letters)
  • 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: 12-16.082
  • Court: Cour de cassation
  • Decision of: 15 May 2013

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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