The claim for unjust enrichment cannot be

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

The situation

A claim for unjust enrichment can only be admitted in the absence of any other action available to the claimant. The judgment which, in order to declare this claim admissible, holds that the guarantors were vainly served with formal notice, and that they could reproach the bank for its lack of diligence in recovering the leased equipment or its countervalue, whereas the bank had a claim against them, and it was not established that they were insolvent, must therefore be quashed.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with statutory time limits for appeals
• Keep all supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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