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Can someone decipher this for me please


AnOther

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I have finally received notice of the result of the appeal which was in process over a claimed servitude on the extreme edge of our property and am surprised and disappointed that it has gone in favour of the apellant. The advocat who handled this was quite confident that the appeal would fail, but unfortunately speaks zero English.

In truth it's not really such a big deal and we were aware of it when we bought but at the same time we'd prefer it not to have succeeded so if there is a possibility to get it reversed then we might look into it.

From my poor grasp of French I understand that I may have a right to appeal myself but can't quite make sense of the actual meaning of the sentences so could somebody help me out please.

These are the sentences I'm having trouble with.

Cette décision est susceptible de pourvoi en Cassation.

Le pourvoi tend à faire censurer par la Cour de Cassation la non conformité du jugement qu'il attaque aux règles de droit.

Il n'est pas suspensif.

Thanks

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Ernie,

No guarantees, but this is what I think it means...

This decision can be appealed in the Cour de Cassation (= higher court)

An appeal in Cassation tends to rely on the question of non-conformity of the judgement with the rule of law.

The appeal does not postpone the application of the judgement.

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Thanks Claire, sounds expensive but I might just run it by a new advocat. Anybody know an English speaking one in the Cahors area ?

As I say, given the facts I'm surprised it's gone the way it has but it's not worth throwing €0,000's at !

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Ernie

My only experience of the French legal system comes from sueing someone for a sort-of breach of contract. I won the first round and he then appealed. Luckily I have deepish pockets and several long term calendars and although I "won" again it certainly doesn't feel like it. King Pyrrhus's victory must have been in the French courts.

Think long and hard again and again before continuing yr battle.

John

 

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Thanks John.

As I said it's a relatively trivial matter and I'd already pretty well decided that if we did lose the day then I'd put it down as "cest la vie".

It's only the new knowledge that there was a further appeal possible at all which is prompting me to look into it.

I might be prepared to invest in an hour or 2 of an Advocats time for an opinion though because I am genuinely surprised that the appeal has been upheld.

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Only free legal advice I ever received which was worth paying for - very expensive chambers near Lincolns Inn Fields - every time there is a High Court Action there two are two heavy weight boxers lumbering into the ring both convinced they can win. Ask why they believe the other guy can possibly win and listen very carefully sometimes they let slip the truth. Do not throw good money after bad 

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