Revocation of the closing order: the Cour de cassation rules on Articles 16, 783 and 784 of the new French Code of Civil Procedure

This decision provides important insight into your family and estate rights. Here is what it changes for you.

The situation

The Court of Appeal violates Article 16 of the new Code of Civil Procedure, together with Articles 783 and 784 of that Code, where, in order to revoke the closing order (ordonnance de clôture) and to postpone that closure to the date of the opening of the oral hearing, it holds that certain defendants had sought the revocation so as to adduce documents whose disclosure the claimant had requested only on the day of that closure; that, at the oral hearing, the claimant's representative, in the latter's presence, had raised no objection to the revocation sought; and that, in view of that agreement, it was appropriate to revoke the closing order and to postpone that closure to the date of the opening of the hearing; whereas, when the judge revokes the closing order, that decision, which must be founded on a serious cause, must be made before the closure of the hearing or, failing that, be accompanied by a reopening of the latter.

What the law says

This decision reaffirms the fundamental principles of property law.

Key points to remember

• Comply scrupulously with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive advice is always less costly than litigation

For an analysis of your situation: 30-minute consultation for €70 with Maître Perucca.