The res judicata attached

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

The situation

The res judicata attached to an operative provision not overturned by cassation can only be invoked when the matter subsequently claimed is the same and the claim is based on the same cause and is brought between the same parties, acting in the same capacity. Therefore, the court of appeal on remand, ruling anew on the facts and the law with regard to the other co-tortfeasor, who is jointly and severally liable with the first, does not infringe the res judicata attached to a provision, not overturned by cassation, of a previous judgment which had ordered an apportionment of liability between a co-tortfeasor of the damage and the victim, by declaring that other co-tortfeasor entirely liable for the same damage.

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, letters)
• Anticipate: preventive advice always costs less than litigation

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