A judicial decision does not have

This decision sheds important light on your property law. Here is what it changes for you.

The situation

A judicial decision has the authority of res judicata only with respect to the points it has decided. In particular, a Court of Appeal erred when, in order to declare inadmissible a warranty claim on which a court had failed to rule and which had given rise to a new action before that jurisdiction, it stated that the first judgment, having been subject neither to an application for rectification nor to an appeal, had acquired the authority of res judicata.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• 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.