Reference decision : cc • N° 91-16.016 • 1994-05-31 • Consult the decision →
This decision provides important insight into your property law rights. Here is what it changes for you.
The situation
The creditors' representative, whose role is to defend the collective interest of the creditors, cannot in that capacity be ordered to pay the lessor the sums owed by the debtor in judicial reorganisation, as a result of the debtor's remaining in the leased premises without right or title, after the administrator in the collective proceedings failed to take a position within the time limits on the continuation of the lease.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Scrupulously 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-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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