The provisions of Article R

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

The situation

The provisions of Article R. 321-21 of the Code of Civil Enforcement Procedures, which provide that the finding of the lapse of the payment order constituting a real estate seizure may be requested until the publication of the deed of sale, derogate from those of Article R. 311-5 of the same Code. Therefore, it was rightly that a court of appeal found, on the application of the debtors made for the first time before the court of appeal, the lapse of the payment order constituting a real estate seizure, notwithstanding that it had already been incurred before the orientation hearing.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for legal remedies
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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