Seised of a Claim for Payment of the

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

The situation

Seised of a claim for payment of the price of works carried out on a trawler brought against one of the co-owners of the vessel, the Court of Appeal, which dismisses the defendant's objection of inadmissibility arguing that the repairer lacked standing to act against him alone and declares unfounded the joinder of the other co-owners, does not contradict itself or distort the evidence when it finds that although the defendant co-owner of the vessel was the manager of the shipowning partnership and, in that capacity, had ordered the works in dispute, the appointment of that manager had not been duly publicised as required by law and that, pursuant to Articles 15 and 20 of the Law of 3 January 1967 on the status of ships and other seagoing vessels, the defendant was to be deemed co-manager with the other co-owners and held indefinitely jointly and severally liable for the debts of the co-ownership, and that therefore the creditor of the co-ownership could apply to whichever of the debtors he chose, without the latter being able to raise the benefits of discussion and of division against him.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously respect the legal 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.