Property litigation: understanding your rights and remedies

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

The situation

Under paragraph 2 of Article 905-2 of the Code of Civil Procedure, the respondent has, on pain of inadmissibility raised of the court's own motion by order of the president of the chamber seized or of the judge designated by the First President, a period of one month from notification of the appellant's written submissions to file his own written submissions with the court registry and, where applicable, to bring a cross-appeal or a third-party appeal. Under paragraph 3, a respondent to a cross-appeal or a third-party appeal has, on pain of inadmissibility raised of the court's own motion by order of the president of the chamber seized or of the judge designated by the First President, a period of one month from notification of the cross-appeal or third-party appeal, to which is attached a copy of the notice of hearing date, to file his written submissions with the court registry. It follows that where the respondent does not file written submissions within the required period from notification of the principal appeal submissions, he may only validly file submissions, on the occasion of a cross-appeal subsequently brought by another party, in respect of that other party and not in respect of the author of the principal appeal.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Comply strictly with the statutory time limits for appeals
• 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.