Reference decision: cc • No. 09-14.230 • 2010-07-08 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The compensatory allowance, like the interest it produces, is due from the date on which the divorce judgment became irrevocable. A Court of Appeal violates Articles 260 and 1153-1 of the Civil Code when, in dismissing the spouse's claim for payment of interest on the compensatory allowance, it holds that the capital awarded is only payable from the signing or approval of the liquidation statement drawn up by the liquidating notary, whereas the option given to the debtor of the compensatory allowance to settle his debt in the context of the liquidation of the community does not deprive that debt of its payable nature and does not prevent it from bearing interest from the day on which it was requested.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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