Real estate case law: analysis and practical advice

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

The situation

Article 40 of the Act of 13 July 1967, which provides that all creditors must lodge their claims with the trustee in bankruptcy, who verifies them, and Article 55 of the Decree of 22 December 1967, which provides for the application of the verification procedure even where, in the absence of a title, the creditor is obliged to have their right recognised, are matters of public policy and may be raised for the first time before the Court of Appeal, even if the trustee in bankruptcy has made submissions on the merits.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

• Strictly comply with the statutory time limits for bringing proceedings
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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