Property dispute: understanding your rights and remedies

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

The situation

Pursuant to Article 53 of the Law of 13 July 1930, now Article L 124-3 of the Insurance Code, the victim of damage has an exclusive right to the compensation owed by the insurer of the party responsible for that damage. Consequently, although the victim must establish the liability of the insured, who must be joined in the direct action against the insurer, the victim is not required, when the insured is in a state of liquidation of assets or judicial settlement, to submit to the claims verification procedure provided for by Article 40 of the Law of 13 July 1967 and Articles 45 to 55 of the Decree of 22 December 1967, except insofar as the victim seeks to assert a monetary claim against the insured.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

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

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