It is a principle that the judge

This decision provides important clarification regarding your real estate law. Here is what it changes for you.

The situation

It is a principle that the investigating judge who has received a complaint lodged with an application to be joined as a civil party, in accordance with the provisions of Article 85 of the Code of Criminal Procedure, is required to investigate, as if seised by an opening indictment from the public prosecutor. Furthermore, under paragraph 4 of Article 86 of the same Code, the public prosecutor may only seise the investigating judge with submissions that no investigation be opened if, for reasons affecting the public prosecution itself, the facts cannot legally give rise to a prosecution, or if, even if the facts were proved, they could not be given any criminal classification. Therefore, the decision of the indictment chamber which, by an abstract examination of the charge referred to in the complaint, refuses to investigate on the grounds that the facts would constitute a minor offence (contravention) and were not committed within its territorial jurisdiction, must be quashed. (1).

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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