Reference decision: Cour de cassation • No. 13-15.642 • 2014-11-13 • View the decision →
This decision provides important insight into your family and estate rights. Here is what it changes for you.
The situation
The claimant must set out, in the proceedings relating to the first application, all the grounds capable of supporting that application. Accordingly, a French Court of Appeal (cour d'appel), ruling on the referral (déféré) of an order made by the case management judge (conseiller de la mise en état), rightly held that the second application, seeking a declaration that the appeal was inadmissible for want of standing to bring an appeal, was barred by the res judicata effect of the first order of the case management judge, which had not been referred to the Court of Appeal and which had declared admissible that same appeal whose late filing had been argued.
What the law says
This decision reaffirms 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 cheaper than a dispute
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