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For the right to a trial
Droit Immobilier

For the right to a trial

📅 Decision of 15 April 2011🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

For the right to a fair trial enshrined in Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to be effective and concrete, it is generally necessary that a person placed in police custody be able to benefit from the assistance of a lawyer from the very beginning of the custody and during questioning.

Reference decision: cc • N° 10-30.242 • 2011-04-15 • View decision →

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

The situation

For the right to a fair trial enshrined in Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to be effective and concrete, it is generally necessary that a person placed in police custody be able to benefit from the assistance of a lawyer from the very beginning of the custody and during questioning.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • 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

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

  • Number: 10-30.242
  • Court: Cour de cassation
  • Decision of: 15 April 2011

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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