Where a credit institution,

This decision sheds important light on your property law. Here is what it means for you.

The situation

Where a credit institution, as assignee of a trade debt, fails to notify the assignment to the assigned debtor, the surety who relies on subrogation to the assignee's rights does not establish the loss of a preferential right conferring a particular advantage on the creditor for the recovery of its claim, and is therefore not entitled to rely on the provisions of Article 2314 of the Civil Code.

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 recourse
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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