Since in the proceedings commenced

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

The situation

Since, in the proceedings commenced by a husband's appeal against the order authorising enforcement in France of a foreign judgment ordering him, in his capacity as owner and legal representative of a business, to pay various sums to a foreign company, the wife intervened voluntarily, demonstrating that she alone was operating the said business, a Court of Appeal cannot, in order to refuse to remove the husband from the proceedings, merely state that such a decision would constitute a review of the merits prohibited by Article 29 of the Brussels Convention, whereas, after having granted leave to enforce, it was incumbent on it, without altering the substance of the foreign decision, to determine to whom the order applied.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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