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

Infringes Article 16 of the new Code of Civil Procedure, read together with Articles 783 and 784 of that Code, the Court of Appeal which, in order to revoke the order closing the proceedings and postpone that closure to the date of opening of the hearing arguments, holds that certain defendants had requested the revocation in order to file documents whose disclosure the claimant had only requested on the day of that closure, that at the hearing arguments the claimant's representative, in the claimant's presence, did not oppose the revocation sought, and that, given this agreement, it was appropriate to revoke the order closing the proceedings and postpone that closure to the date of opening of the arguments, whereas when a judge revokes the order closing the proceedings, that decision, which must be based on a serious ground, must be made before the close of the arguments or, failing that, be accompanied by a reopening of those arguments.

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 (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation.

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