Reference decision: cc • N° 08-15.165 • 2009-06-30 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Under Article L. 511-45 I 2° of the Commercial Code, the holder of a bill of exchange may claim from the party against whom he exercises his recourse interest at the statutory rate from the maturity of the bill. Consequently, the judgment which ordered the acceptor of a bill of exchange to pay interest from its maturity is justified by this ground alone, substituted for that based on Article L. 511-3, paragraph 3, of the Commercial Code, which only concerns the case where the bill of exchange is payable on demand or at a certain period after sight.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Scrupulously comply with the statutory time limits for legal recourse
- Keep all your supporting documents (titles, deeds, letters)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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