Real estate dispute: understanding your rights and remedies

This decision sheds important light on your real estate law rights. Here is what it changes for you.

The situation

It follows from Article 35 of the Act of 13 July 1967 and Articles 45 and 55 of the Decree of 22 December 1967 that proceedings brought against a debtor who is subject to judicial administration or liquidation of assets and which seek payment of a sum of money for a cause arising before the opening of such proceedings cannot be pursued during their course. The creditor is obliged to submit to the procedure for verification of claims, even though, in the absence of an enforceable title, they would have to have their right recognised and the action may have been brought before the judicial administration or liquidation of assets was ordered.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

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