Property Law: Legal Framework and Solutions

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

The situation

It follows from Article 1150 of the Civil Code and the Decree of 4 May 1988 approving the standard contract for the public carriage of goods by road applicable to consignments of less than three tonnes for which there is no specific standard contract, that if a clause limiting the amount of compensation is deemed unwritten in the event of the carrier's breach of an essential obligation under the contract, only gross negligence, which cannot result from mere late delivery, characterised by negligence of extreme gravity bordering on fraud and denoting the inability of the obligor to perform his task, can defeat the limitation provided for in the standard contract annexed to the decree.

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 legal action
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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