Fails to draw the legal consequences

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

The situation

The Court of Appeal fails to draw the legal consequences of its findings in the light of Articles 35 and 40 of the Law of 13 July 1967 which, in order to hold a contractor liable on the basis both of his ten-year guarantee obligation and of the liability incurred by him for the faulty workmanship found against him, notes that the defects giving rise to the building owner's claim first appeared after the approval of the composition with creditors voted by the contractor's creditors and infers that the owner did not have to file a proof of debt in the contractor's judicial administration and that his action is admissible, the same solution also having to be adopted for the third-party claims for indemnity brought against the contractor, whereas it finds, on the one hand, that the building contract from which the ten-year guarantee arose predated the making of the judicial administration order and, on the other hand, that the defects attributable to faulty workmanship by the contractor related to work carried out before the opening of the collective proceedings, from which it followed that the owner's claim had its origin before the judgment opening the collective proceedings.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with statutory time limits for appeals
• 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.