The provisions of Article R

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

The situation

The provisions of Article R. 311-26 of the Expropriation Code (for reasons of public utility) do not apply to pleadings before the court of appeal on remittal, and since proceedings are resumed, pursuant to Article 631 of the Code of Civil Procedure, in the state in which the procedure stood prior to the quashing, a court of appeal which declares inadmissible, as being out of time, a written submission filed more than three months after notification of the opposing party's pleading for resumption of proceedings violates those provisions.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the legal deadlines for appeals
• Keep all your supporting documents (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.