Plea of Nullity Based on Res Judicata

This decision provides important illumination on your property rights. Here is what it changes for you.

The situation

Seised of the plea of nullity based on the res judicata effect of a judgment annulling a formal charge, the Investigating Chamber assesses whether the new formal charge is justified by the existence of serious or consistent evidence, in light of all the elements gathered during the judicial investigation from its beginning up to the date of that new formal charge. The Investigating Chamber, which, in order to dismiss this plea of nullity, based its decision, for the purpose of establishing the existence of serious or consistent evidence, on documents from the judicial investigation subsequent to the judgment annulling the first formal charge, has provided justification for its decision.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Scrupulously observe the statutory time limits for appeals
• Keep all your supporting documents (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.