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Breaches the provisions of Article R
Droit Immobilier

Breaches the provisions of Article R

📅 Decision of 21 May 2003🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 37 views📖 2 min read

Breaches the provisions of Article R. 11-30 of the Expropriation Code the judge who, in refusing to order the transfer of ownership, holds that the newspapers in which the order or notice of opening of the parcel inquiry was to be published were not placed in the file in accordance with Article R. 12-1 of the same Code, whereas by the order directing that inquiry, the prefect had exempted the expropriating party from depositing the parcel inquiry file at the town hall and from the collective public notice provided for in Article R. 11-20.

Reference decision: cc • N° 02-70.101 • 2003-05-21 • View the decision →

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

The situation

Breaches the provisions of Article R. 11-30 of the Expropriation Code the judge who, in refusing to order the transfer of ownership, holds that the newspapers in which the order or notice of opening of the parcel inquiry was to be published were not placed in the file in accordance with Article R. 12-1 of the same Code, whereas by the order directing that inquiry, the prefect had exempted the expropriating party from depositing the parcel inquiry file at the town hall and from the collective public notice provided for in Article R. 11-20.

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)
  • 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: 02-70.101
  • Court: Cour de cassation
  • Decision of: 21 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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