Written Submissions Notified to the Adverse Party

This decision provides important clarification of your real estate law. Here is how it affects you.

The Situation

The written submissions notified to the opposing party prior to referring the matter to the court are a separate act from the initial application for revision of the rent under a revised commercial lease; they have different effects and their notification does not constitute a prior application. Consequently, the Court of Appeal violates Articles 10 and 14, paragraph 1, of Deliberation No. 094 of 8 August 2000 on the revision of rents under leases of buildings or premises for commercial, industrial or artisanal use in New Caledonia, which provisions are identical to those applicable in Metropolitan France, when it declares admissible an action for revision of the rent of a commercial lease despite the absence of a prior application for revision before notification of the written submissions.

What the Law Says

This decision confirms the fundamental principles of property law.

Key Points to Remember

• Scrupulously observe the legal time limits for appeals
• Keep all your 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.