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Ruling on applications for release
Droit Immobilier

Ruling on applications for release

📅 Decision of 07 May 1985🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 25 views📖 2 min read

Ruling on applications for release made by defendants in respect of whom the Criminal Court has imposed prison sentences and ordered by a special decision their continued detention, the Court of Appeal, seized of the appeals brought by the interested parties against the judgment convicting them, cannot, upon finding that the decision taken pursuant to Article 464-1 of the Code of Criminal Procedure lacks reasons, refrain from examining the merits of the said continued detention; it is incumbent upon it, by reason of the devolutive effect of the appeal, to rule with its own reasons on the necessity or absence of necessity of this security measure.

Reference decision: cc • No. 85-90.018 • 1985-05-07 • Consult the decision →

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

The situation

Ruling on applications for release made by defendants in respect of whom the Criminal Court has imposed prison sentences and ordered by a special decision their continued detention, the Court of Appeal, seized of the appeals brought by the interested parties against the judgment convicting them, cannot, upon finding that the decision taken pursuant to Article 464-1 of the Code of Criminal Procedure lacks reasons, refrain from examining the merits of the said continued detention; it is incumbent upon it, by reason of the devolutive effect of the appeal, to rule with its own reasons on the necessity or absence of necessity of this security measure.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, 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.
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Legal information

  • Number: 85-90.018
  • Court: Cour de cassation
  • Decision of: 07 May 1985

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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