does not give a legal basis to its

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The Court of Appeal which, in order to reject the claim of the two sole members of a property investment company (société civile immobilière) that had purchased an apartment off-plan, for compensation for the loss suffered by one of them, who was to set up a medical practice in the said apartment, as a result of the delay in its delivery, stated that the parties concerned could not rely on the terms of the sale contract to which they were not personally parties, did not give a legal basis to its decision, whereas, having been seized of submissions arguing that the said property investment company 'was intended to acquire the apartment which was to serve as a medical practice' for one of the two members and that the seller knew that this apartment was 'intended to constitute the medical practice' of that member, it was for it to investigate whether the sale contract did not contain an implied term in favour of the interested party as to the date of entry into possession of the premises, enabling him to bring proceedings for the loss he had personally suffered in his professional activity.

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 bringing proceedings
• Keep all your supporting documents (deeds, instruments, letters)
• Plan ahead: preventive advice always costs less than litigation

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