Reference decision: cc • N° 09-13.666 • 2010-03-23 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The provisions of Article L. 237-12 of the Commercial Code apply only to persons vested with the status of liquidator of a dissolved company. Consequently, a judgment of a court of appeal is liable to be quashed for breach of that provision by misapplication thereof, and for breach of Article 1382 of the Civil Code by refusal to apply the latter, where it held, on the basis of the first of those provisions, a person holding himself out as an "administrator-liquidator" liable, after finding that the latter had not been vested with the status of liquidator of the dissolved company.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for bringing 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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