Reference decision: cc • No. 03-17.457 • 2006-02-14 • Consult the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
If the delegant's claim against the delegate is extinguished only by the performance of the delegation, neither the delegant nor his creditors may demand payment before the delegate's default towards the delegatee; consequently, a third-party debt order served on the delegate by a creditor of the delegant cannot have the effect of depriving the delegatee, from acceptance, of his exclusive right to immediate payment by the delegate, without competition from the attaching creditor. An appellate court rightly held that the sums owed by the delegate to the delegant in respect of rent were not subject to attachment by the delegant's creditors, whose claim, remaining in his estate, becomes unavailable from the moment of acceptance by the delegatee.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Scrupulously observe the statutory time limits for appeals
- Keep all your supporting documents (deeds, instruments, correspondence)
- 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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