Cannot be regarded as new

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

A claim which proceeds directly from the original claim and seeks the same ends cannot be considered new, even though it is based on different grounds or reasons. A claim for nullity of the sale based on the fact that the bidding process was allegedly rigged by the notary's conduct proceeds directly from the claim for nullity of the judicial auction sale submitted to the lower court judges for lack of price, and, like that claim—albeit on a different ground—seeks to have that nullity declared. It is therefore admissible on appeal.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for seeking a remedy
• Keep all your supporting documents (title deeds, legal 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.