Pursuant to the general rules which

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

The situation

Pursuant to the general rules governing subrogation, provided for by articles 1250 et seq. of the Civil Code, in their version prior to that resulting from Ordinance No. 2016-131 of 10 February 2016, the debtor, pursued by a creditor subrogated to the rights of his original creditor, may set up against the subrogated creditor the same exceptions and means of defence as those which he could have initially relied upon against his original creditor. It follows that a person subrogated to the rights of a victim of damage has only the actions available to the victim, so that his action against the person liable is subject to the limitation period applicable to the victim's action and that the starting point of the limitation period of the subrogated party's action is identical to that of the subrogor's action

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the legal deadlines for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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