Property law: legal framework and solutions

This decision provides important clarification for your property law rights. Here is what it means for you.

The situation

A Court of Appeal which dismissed the claim of a supplier who had received an order for equipment from a company instructed by the project owner to carry out certain works, and who first issued an invoice at the installer rate, with a 30% discount, then requested the project owner to pay corrective invoices issued at the user rate, without the aforementioned discount, after finding that upon receipt of the equipment, the payment slip had been signed by a town planner and handed to the project owner for payment, deprived its decision of a legal basis since it did not examine whether the behaviour of the signatory of the payment slip was such as to give rise to the supplier's legitimate belief that he was dealing with the agent of the project owner who had agreed to pay the invoices issued at the user rate.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with statutory time limits for bringing claims or 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.