Fails to give a legal basis to its

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

The situation

Fails to give a legal basis to its decision, with regard to Articles 1326 and 2011 of the Civil Code and Article 109 of the Commercial Code, the Court of Appeal which dismisses a landlord's action for payment of rent brought against a joint and several guarantor of the tenant company, without examining whether the fact that that guarantor had signed the guarantee instrument in his capacity as chairman of the board of directors of the tenant company did not imply that he had a personal proprietary interest in the guarantee undertaking, which would have given that undertaking a commercial character.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for legal remedies
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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