Reference decision: cc • N° 06-18.703 • 2008-01-22 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The remedy available against decisions of the insolvency judge ruling on the admission of claims, including where that court, applying an arbitration clause, declares itself without jurisdiction, is an appeal. A court of appeal that holds that the insolvency judge's decision declining jurisdiction in favour of an arbitral tribunal must be referred directly to the arbitrators violates, by refusing to apply, Article 102 of the Act of 25 January 1985.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly comply with the statutory appeal deadlines
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Be proactive: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute 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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