The carrier is required to deliver in

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

The situation

The carrier is required to deliver the goods transported in good condition within the time limits provided for in the contract and may only be exonerated from liability by proving that the damage results exclusively from force majeure. The Court of Appeal reverses the burden of proof when, in order to dismiss the action of an insurance company that paid the sender the price of the goods refused by the consignee because they had been delivered late and were damaged, and which seeks reimbursement from the carrier, it holds that the insurance company does not prove that the loss of the goods is due to the late delivery attributable to that carrier.

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 bringing claims
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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