A contract being ambiguous in that it does not

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

The situation

Given that a contract is ambiguous in that it does not define the term "owner" and in that it neither provides for nor excludes, for the property guarantee, the situation where the subscriber is neither owner nor tenant of the building, but holds almost all the shares of the property investment company, which itself owns the building, the Court of Appeal, which was required to ascertain the common intention of the parties, legally justified its decision by holding, through an interpretation that does not distort the contract, that the owner of 449/450ths of the building, which he administers as he sees fit, may be considered, within the meaning of the agreement, as the owner of the building.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• 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.