Violates, by misapplication,

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

The situation

Violates, by misapplication, Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms and, by refusing to apply, Article 78-2, paragraph 8, of the Code of Criminal Procedure, the First President who rejects a request for extension of administrative detention of a foreigner on the ground that the identity check took place near the headquarters of an association engaged in helping disadvantaged populations, so that the arrest was unfair, whereas this check was carried out in accordance with the instructions of an officer of the judicial police, under conditions of time and place previously determined in application of the aforementioned Article 78-2, paragraph 8, without any unfair conduct being attributable to the administration.

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, letters)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.