In an unregistered partnership,

This decision sheds important light on your property law. Here is what it changes for you.

The situation

In an unregistered partnership, each partner contracts in his own name and is alone bound towards third parties; however, it is different if the participants act in the capacity of partner openly and to the knowledge of third parties, or if a partner, by his interference, led the other contracting party to believe that he intended to be bound towards him. The partners of such a partnership cannot therefore be held jointly and severally liable to repay a loan taken out by one of them with a bank, and after the latter had communicated the partnership agreement to the bank, without the personal acts of the participants being established enabling it to be considered that they had acted in the capacity of partners openly and to the knowledge of the bank, or that they had interfered in the agreement entered into by the borrowing partner with the bank, leading the bank to believe that they intended to be bound towards it.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (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.