Property Law: Legal Framework and Solutions

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

The situation

The Court of Appeal violates Article 29 of the Decree of 30 September 1953 if, in declaring inadmissible a claim for revision of rents under commercial leases, it holds that the claim must state, on pain of nullity, the amount of rent claimed and that the revised rent is not clearly defined for each lease, whereas when the rent revision claim is brought as an ancillary matter before the High Court (tribunal de grande instance) seised principally of a question within its jurisdiction, that claim is heard in accordance with the rules applicable before that court, and not in accordance with the special procedure in force before the commercial rent judge.

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, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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