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

It follows from the combination of Articles L. 132-1, paragraph 1, now L. 212-1, paragraph 1, R.132-1, 6°, now R. 212-1, 6°, of the Consumer Code, Article L. 1432-4 of the Transport Code, and Articles 21 of Decree No. 99-269 of 6 April 1999 and 22 of Decree No. 2017-461 of 31 March 2017 relating to the standard contract applicable to public road haulage of goods, that the rules applicable in the event of loss and damage set out in those last two texts apply on a default basis in the absence of a written agreement concluded between the parties, and that where such an agreement exists, clauses which do not provide a level of compensation compliant with or higher than the default provisions are unfair. Since it noted that the challenged clauses set compensation caps lower than the regulatory caps, which they did not mention, and pointed out that they did not provide compensation compliant with or higher than the default provisions they ousted, a court of appeal correctly inferred that they were unfair.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly adhere to the statutory time limits for bringing legal proceedings.
• Keep all your supporting documents (title deeds, deeds, correspondence).
• Plan ahead: preventive advice always costs less than litigation.

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