Real estate 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 8, paragraph 2, of the Inland Transport Orientation Act of 30 December 1982, in the absence of a written agreement defining the relations between the parties to the contract as to the conditions of delivery of the transported items, the clauses of the standard contracts apply as of right; and under Article 9 of the standard contract for public road haulage applicable to consignments of 3 tonnes or more, approved by the Decree of 7 April 1988 implementing the aforementioned Act, the maximum time allowed for unloading operations is 5 hours from the moment the vehicle is made available and notified on site to the consignee of the goods, and, if this time limit is exceeded, the carrier receives from the instructing party or the consignee, as the case may be, an additional remuneration for vehicle immobilisation costs billed separately. Therefore, the judgment that, having noted that the transport contracts between the consignor and the carrier did not require the latter to make an appointment with the consignee for the delivery of the goods, and that the consignee, to whom the vehicles had been made available for unloading, only returned them to the carrier after a period exceeding 5 hours, decided that the consignee is liable to pay compensation for exceeding the statutory immobilisation period, is justified.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

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

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