Reference decision: cc • N° 01-15.061 • 2003-01-28 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
A court of appeal which, while noting that the latter had delegated his voting right by means of a proxy addressed to "Mr or Mrs Chair of the management committee" and that the members of the management committee had not appointed a chair, nonetheless upholds the validity of a vote cast at a general meeting by a member of the management committee on behalf of another co-owner, does not provide a legal basis for its decision under Article 22, paragraph 3, of the Act of 10 July 1965.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (deeds, instruments, letters)
- Anticipate: preventive advice always costs less 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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