Reference Decision: cc • No. 15-27.899 • 2017-05-04 • View the decision →
This decision provides important clarification for your property law. Here is what it changes for you.
The situation
The sale by private treaty of the assets of a debtor in judicial liquidation, which must be authorised by the supervisory judge at the price and on the terms he determines, is a sale made by order of the court and cannot be annulled for fraud. Consequently, while the purchaser who claims to be the victim of fraud committed by the liquidator may seek the personal liability of the liquidator, he cannot, on the basis of this defect of consent, bring an action to annul the sale thus authorised.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the legal time limits for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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