The court fails to give reasons for its decision

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The court of appeal fails to give reasons for its decision where, having before it prosecutions against the directors of a company in a state of cessation of payments for employing ruinous means to obtain funds, it merely finds that the directors drew bills on the company's shareholders which were not supported by deliveries of goods, without responding to the defendants' submissions arguing that those same shareholders had given a personal undertaking to pay those bills at maturity and that consequently the means employed could not be ruinous.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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