Judges cannot, except in the

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Judges cannot, except in the cases provided for by Article 125 of the new Code of Civil Procedure, raise of their own motion a plea of inadmissibility which is not a matter of public policy. It follows that a court cannot raise of its own motion the plea of inadmissibility under Article 70 of the new Code of Civil Procedure arising from the absence of a sufficient link between the counterclaim and the original claim.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the legal time limits for lodging appeals
• 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.