Property 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 L. 626-16 of the Commercial Code does not require, as a condition of the validity of proceedings brought by the public prosecutor, that they predate any civil party application. And if, during the judicial investigation, the civil party application is declared inadmissible by the investigating chamber, the prosecution has nonetheless been validly brought on the basis of the submissions made by the public prosecutor. It would be otherwise only if the initiation of the public prosecution were subject to the filing of a prior complaint(1).

What the law says

This decision confirms the fundamental principles of property law.

Points to note

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

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