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

The Court of Appeal misconstrues the terms of the dispute where, in order to uphold the claim brought by the project owner against the contractor's insurer, it holds that the claimant is exercising the direct action arising from Article 53 of the Law of 13 July 1930, whereas the latter had stated that he was exercising, on behalf of his debtor, the oblique action provided for by Article 1166 of the Civil Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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