Property case law: analysis and practical advice

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

The situation

A Court of Appeal cannot, under the guise of correcting a material error, modify the rights and obligations arising for the parties from its previous decision. Consequently, the judgment which rectifies a decision that ordered a builder to pay an interim payment, in order to add the joint and several liability (in solidum) of other builders for that payment, must be quashed.

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, contracts, correspondence)
• Be proactive: preventive advice always costs less than litigation

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