The interpretive reservation issued by

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

The situation

The interpretive reservation issued by the Constitutional Council in its decision No. 2011-151 QPC of 13 July 2011, according to which the interference with the right to property resulting from the forced allocation provided for by 2° of Article 274 of the Civil Code cannot be regarded as a measure proportionate to the public interest pursued unless it constitutes a subsidiary method of enforcement of the lump-sum compensatory allowance, with the result that it may only be ordered by the judge where, in the light of the circumstances of the case, the methods provided for in 1° do not appear sufficient to guarantee payment of that allowance, applies only in the absence of the debtor's consent to the contemplated allocation, the judge otherwise recovering his sovereign power to determine the methods of enforcement of the lump-sum compensatory allowance which he considers most appropriate

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• 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.