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A judicial decision does not have
Droit Immobilier

A judicial decision does not have

📅 Decision of 08 July 1981🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 7 views📖 2 min read

A judicial decision has the authority of res judicata only with respect to the points it has decided. In particular, a Court of Appeal erred when, in order to declare inadmissible a warranty claim on which a court had failed to rule and which had given rise to a new action before that jurisdiction, it stated that the first judgment, having been subject neither to an application for rectification nor to an appeal, had acquired the authority of res judicata.

Reference decision: Cass. • No. 79-13.402 • 1981-07-08 • Consult the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

A judicial decision has the authority of res judicata only with respect to the points it has decided. In particular, a Court of Appeal erred when, in order to declare inadmissible a warranty claim on which a court had failed to rule and which had given rise to a new action before that jurisdiction, it stated that the first judgment, having been subject neither to an application for rectification nor to an appeal, had acquired the authority of res judicata.

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 (titles, 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: 79-13.402
  • Court: Cour de cassation
  • Decision of: 08 July 1981

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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