Reference decision: cc • N° 18-81.096 • 2018-10-16 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The only courts competent to give an opinion prior to the decision to extend the measure of solitary confinement in detention beyond one year of a defendant, pursuant to Article R. 57-7-78 of the Code of Criminal Procedure, are the trial courts and the investigating chamber, according to the distinctions set out in Article 148-1 of the said Code. The prison administration therefore wrongly requested the Court of Cassation, seised of the appeal brought against a conviction decision, to give the opinion in question, since it follows from Article L. 411-2 of the Code of Judicial Organisation and the aforementioned text that that court lacks jurisdiction to rule, even in the form of an opinion, by way of an assessment on the merits, on the procedures for the execution of a pre-trial detention measure.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly comply with the statutory 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.
→ Prendre RDV pour une consultation droit du travail |
→ Browse all our legal articles
