No Criticism Can Be Made of a Judgment

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

The situation

No criticism can be made of a judgment that dismissed a tenant's claim for partial reimbursement of rent received by the landlord pursuant to an escalation clause inserted in a commercial lease and declared void, since the judgment holds that the tenant knew that the disputed clause was void and paid the rent with full knowledge of the facts, thereby deliberately placing himself outside the scope of the legislative measures.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with statutory time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

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