Real estate case law: analysis and practical advice

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

The situation

Since the trial judges held that it followed from the special conditions of an insurance policy that the policyholder, the employer of the owner of the vehicle covered by the contract, had intended to insure that car as being the one used by his employee in the course of his profession, in which the latter's wife did not participate, they could infer that this vehicle did not constitute common property and that the wife was not a "co-owner". It is therefore without distortion that, in order to order the insurer to compensate the personal loss suffered by the wife as a result of her husband's death in an accident caused by a third party while driving the insured car, they set aside the exclusion of cover stipulated for damage suffered by the insured – a status which, according to the policy, is held by the owner of the vehicle – and accepted that this widow could only fall within the category of non-transported spouse.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with statutory time limits for appeals
• Keep all supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

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