Reference decision: cc • No. 69-11.047 • 1971-02-04 • View the decision →
This decision provides important insight into your property law rights. Here is what it changes for you.
The situation
FROM THE FINDING THAT ALL THE PARTNERS HAD GIVEN THE MANAGER OF A PROPERTY INVESTMENT COMPANY THE POWER TO GRANT ON BEHALF OF THAT COMPANY A MORTGAGE OVER A COMPANY ASSET TO GUARANTEE THE REPAYMENT OF LOANS GRANTED TO THIRD PARTIES, THE TRIAL JUDGES WERE ABLE TO DEDUCE THAT THE GRANTING OF THAT MORTGAGE DID NOT CONSTITUTE A MISAPPROPRIATION OF COMPANY ASSETS AND THAT THE LENDERS' GOOD FAITH COULD NOT BE CHALLENGED.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Be proactive: 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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