A person who receives from an insurer the

This decision provides important insight into your property law. Here is what it changes for you.

The situation

A person who receives from an insurer payment of an indemnity to which he is entitled does not benefit from an undue payment; the true beneficiary of the undue payment is the person whose debt is discharged by someone who does not owe it. A judgment is liable to be quashed that orders the victim to reimburse the insurer a portion of the sums paid by the latter without investigating whether that sum exceeded the amount of the award made in his favour.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the statutory time limits for appeals.
• Keep all your supporting documents (title deeds, instruments, correspondence).
• Be proactive: preventive advice always costs less than litigation.

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.