The partner of a civil-law company who

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

The situation

A partner in a civil-law company who satisfies a company creditor pursuant to Article 1857 of the Civil Code pays the company's debt and not a personal debt. Consequently, a court of appeal violates this article when it limits the recourse action brought by the company against its structural damage insurer to only the sums actually paid by it to a third party, excluding those paid by its partners on the ground that they had settled a personal debt.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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