Reference decision: Court of Cassation • No. 86-17.504 • 1988-05-04 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
A judgment that states that, the managing agent's functions having ended, he could not validly convene the general meeting for the renewal of his mandate, without examining whether the decision taken by the general meeting to renew the managing agent's mandate had been challenged within the legal time limit, does not provide a legal basis for its decision. A judgment that states that, the managing agent's functions having ended, he could not validly convene the general meeting for the renewal of his mandate, without examining whether the decision taken by the general meeting to renew that mandate had been challenged within the legal time limit, is liable to be quashed.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the legal time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: preventive advice is always cheaper than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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