Property case law: analysis and practical advice

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

The situation

Under Article 68 of the New Code of Civil Procedure, incidental claims are brought against the parties to the proceedings in the same way as defences are presented. Consequently, claims for judgment made by way of written submissions against a voluntary intervener, even where merely ancillary, are admissible, since the latter is a party to the proceedings.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• 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.