Property dispute: understanding your rights and remedies

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

The situation

It follows from Article R. 662-3 of the Commercial Code that the court dealing with collective proceedings does not have jurisdiction to hear civil liability actions brought against the administrator, the judicial representative, the plan execution commissioner or the liquidator, which fall within the jurisdiction of the High Court. Consequently, a claim based on personal civil liability brought by a debtor against the plan execution commissioner is not admissible before the court of appeal where, with only the powers of the court dealing with collective proceedings, it rules on the resolution of the plan and the ordering of judicial liquidation against that debtor.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with the statutory time limits for 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.