The principle set out in article L

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

The situation

The principle set out in article L. 622-21, I, of the Commercial Code, of the stay or prohibition of legal actions by creditors whose claim is not mentioned in I of article L. 622-17 of the Commercial Code and which seeks payment of a sum of money or termination of a contract for non-payment of a sum of money, does not preclude an action seeking a declaration of termination of a vehicle lease contract by application of an automatic termination clause that took effect before the judgment opening the judicial reorganisation of the lessee. Thus, a Court of Appeal violates article L. 622-21, I, of the Commercial Code when, in order to declare the lessor's application for a declaration that the termination clause has been acquired inadmissible, it holds that the lessor's action cannot, in the absence of a decision having the force of res judicata, be continued after the judgment opening the judicial reorganisation of the lessee.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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