Property law: legal framework and solutions

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

The situation

The Court of Appeal legally justifies its decision declaring inadmissible, pursuant to Article 47 of the Law of 25 January 1985, the action of a company seeking to have it declared that the forfeiture clause inserted in the deed of sale of immovable property had been triggered due to non-payment of a fraction of the price; disregarding the erroneous but superfluous grounds based on the fact that, on the date of the opening of the buyer's judicial reorganisation, the resolution had not been established by a decision having the force of res judicata, since the termination of the lease of a building used for the activity of the company in judicial liquidation was not at issue, the Court of Appeal holds that the buyer was entitled to refuse to pay the balance of the price because of the harmful consequences of the seller's delay in performing his obligation to deliver, so that the forfeiture clause was in no way triggered on the date of the opening of the collective proceedings.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously respect the statutory time limits for appeals
• Keep all your supporting documents (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.