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Violates Articles 122 of the new Code
Droit Immobilier

Violates Articles 122 of the new Code

📅 Decision of 27 May 2003🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 31 views📖 2 min read

Violates Articles 122 of the new Code of Civil Procedure and 1382 of the Civil Code the court of appeal which, in ruling inadmissible the defence raised by a notary based on the irregularity of the registration of a final judicial mortgage encumbering a property, held that he lacked standing to raise it against the creditor whose mortgage was registered pursuant to a judgment giving rise to a certificate of non-appeal, whereas since that judgment had not yet been duly served, the appeal period had not begun to run and, the provisional registration having lapsed, the creditor therefore had no security interest over the property, such that the loss he claimed lacked any causal link with the breach committed by the notary who had paid the balance of the sale price to the seller.

Reference decision: cc • N° 99-17.602 • 2003-05-27 • View decision →

This decision sheds important light on your real estate rights. Here's what it means for you.

The situation

Violates Articles 122 of the new Code of Civil Procedure and 1382 of the Civil Code the court of appeal which, in ruling inadmissible the defence raised by a notary based on the irregularity of the registration of a final judicial mortgage encumbering a property, held that he lacked standing to raise it against the creditor whose mortgage was registered pursuant to a judgment giving rise to a certificate of non-appeal, whereas since that judgment had not yet been duly served, the appeal period had not begun to run and, the provisional registration having lapsed, the creditor therefore had no security interest over the property, such that the loss he claimed lacked any causal link with the breach committed by the notary who had paid the balance of the sale price to the seller.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with legal time limits for appeals
  • Keep all your supporting documents (deeds, instruments, correspondence)
  • Plan ahead: 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: 99-17.602
  • Court: Cour de cassation
  • Decision of: 27 May 2003

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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