Do not suffice to establish that all

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

The situation

Do not suffice to establish that all other enforcement actions by a creditor against a property investment company would have been, due to the insufficiency of the company’s assets, deprived of effectiveness, within the meaning of Article 1858 of the Civil Code, the grounds of a Court of Appeal that held that this creditor initiated foreclosure proceedings on the property given as security and only became aware of the insufficiency of the auction price at a date very close to that of the dissolution of the company, the company’s assets having been entirely realised following the pre-emption of the other property.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly adhere to legal time limits for appeals
• Keep all supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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