Court of Cassation, No. 21-23.405: the avocat's mandate of representation under Article 419 of the 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

It follows from Article 419 of the French Code of Civil Procedure that the message by which the avocat informs the Court of Appeal that they no longer represent the appellants has no effect on the avocat's mandate of representation, and the avocat continues to represent the party until a new avocat has been formally put on the record in their place. It follows that the court registry is not required to serve the striking-out order (ordonnance de caducité) on the party concerned when it has been informed by the avocat of their wish to be released from their mandate

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly observe the statutory time limits for bringing an appeal
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive legal advice is always less costly than litigation

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