Reference decision: cc • No. 19-13.539 • 2021-01-20 • View the decision →
This decision sheds important light on your real estate law. Here is what it means for you.
The situation
The authority of res judicata which attaches to the irrevocable decision admitting a claim to the liabilities of the liquidation of a civil law partnership is binding on its partners, so that, if he has not made the claim provided for by Article R. 624-8 of the Commercial Code against such a decision, within the time limit set by that text, a partner in a civil law partnership undergoing judicial liquidation has no interest in bringing third party opposition to the earlier decision ordering the partnership to pay the said claim and on the basis of which the claim was admitted
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly observe the legal time limits for appeals
- Keep all your supporting documents (title deeds, acts, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-min 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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