Reference decision: Court of Cassation • No. 81-90.876 • 1982-06-28 • View the decision →
This decision provides important insight into your family and estate rights. Here is what it changes for you.
The situation
It is with good reason that a court of appeal, seised as the last court to have ruled of an application for the removal of entries recording convictions from bulletin no. 2 of the criminal record (casier judiciaire) under Article 55-1 of the French Penal Code, declares that it has no jurisdiction, where it finds that, by a judgment given after the judgment of conviction which it had itself pronounced, a court ruling on an opposition (an application to set aside a default judgment) recorded that the defendant who appeared had waived his opposition and ruled on an application for the merger of sentences; such a judgment amounts to a decision on the merits (1).
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for bringing an appeal or challenge
- Keep all your supporting documents (title deeds, legal instruments, correspondence)
- Plan ahead: preventive advice always costs less than litigation
For an analysis of your situation: a 30-minute consultation for €70 with Maître Perucca.
⚖️ Does this apply to you?
Maître Bruno Perucca, French family & estate lawyer, Antibes — available across France (FR/EN/IT).
📞 +33 6 89 73 10 87 | ⭐ 4.9/5 (304 reviews)