Deprives its decision of legal basis, as regards

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

The situation

A court of appeal deprives its decision of a legal basis, having regard to Article 1150 of the Civil Code, together with Article L. 133-8 of the Commercial Code, where, in order to order a carrier to fully indemnify a consignor, it holds that the carrier, by taking no initiative to deliver the parcel to its destination, seriously breached its obligation, even though it knew on the day of delivery that it could not achieve this, by relying on grounds that are inappropriate to characterise the inexcusable fault of the carrier, which is a deliberate fault involving awareness of the probability of the damage and its reckless acceptance without valid reason.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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