Reference decision: Court of Cassation • No. 12-28.601 • 2013-12-18 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
A court of appeal violates Article R. 13-22 of the Expropriation for Public Utility Code when, in order to hold that the requirements of that article have been complied with, it finds that the expropriating party proves that, on the day the expropriation judge was seised, it sent to the expropriated party its memorial containing the proposed compensation offer, without noting that the application lodged with the expropriation judge mentioned the date of notification to the defendant of the claimant's memorial.
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, 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.
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