Reference decision: cc • No. 18-16.712 • 2019-10-23 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
Since a navigation certificate is exceptionally extended by the navigation service, without inspection, pursuant to Article D. 4221-9 of the Transport Code and is valid at the date of a loss, it is binding on the Court of Appeal, which cannot dismiss the claim against the insurer by applying the clause excluding its cover when the ship's papers are not in order.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Scrupulously respect the legal time limits for appeals
- Keep all your supporting documents (certificates, deeds, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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