Deprives its decision of a legal basis with regard to

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

The situation

A judgment which dismisses the indivisibility between a telephone equipment lease agreement and a "telephone subscription contract" having as its object the installation of this equipment and its maintenance, without examining whether the clause of the telephone subscription contract providing that when the equipment is made available to the user under a lease agreement entered into with a financing organisation, the fee due shall include the amount of the monthly rentals payable to the lessor and shall be collected in full by the company responsible for maintenance which shall pay over to the lessor the amount of the rentals, was not such as to establish this indivisibility, and despite its findings from which it could be inferred that the rental made no sense without the installation services of the equipment contractually owed to the user, deprives its decision of a legal basis with regard to Article 1218 of the Civil Code.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• 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.