Real estate case law: analysis and practical advice

This decision sheds important light on your real estate law. Here is what it changes for you.

The situation

The Court of Appeal, which declares the nullity of the constitutional documents of real estate investment companies (sociétés civiles immobilières) on the one hand on the ground that there was no consideration following the judicially ordered rescission of the agreement entered into with a view to creating the said companies between the owner of an estate and a developer, and on the other hand on the ground that the latter had no intention of becoming a partner, rightly inferred that these real estate investment companies had never come into existence, nor had the shares contemplated, and that as a result the third-party debt orders served on them were without purpose.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for legal recourse
• 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.