Property case law: analysis and practical advice

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

The situation

The Court of Appeal does not provide a legal basis for its decision when it orders the debtor to pay late payment interest at a rate higher than the rate fixed by the agreement, on the ground that the rate it applies appears on the invoices received in due time by the debtor, without ascertaining whether that rate had been accepted by the debtor.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• 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.