A request addressed to a

Application pratique:

The Cour de cassation confirms that a request to a banking institution is a non-coercive investigative act. Sophie’s notary can therefore legally contact the seller’s bank to verify any outstanding charges before the sale. To protect her purchase, Sophie should ensure this request is made immediately, keep a copy of the written request and any response, and note that if the bank refuses, she must act within statutory time limits to challenge the sale or seek disclosure through a court order.

Application pratique:

The ruling clarifies that a mere request to a bank is not coercive against the person concerned. Marc can therefore write to the tenant’s bank formally requesting relevant financial information without needing a court order. He must send the request by registered post, keep all correspondence, and note that if the bank declines to respond, he lacks direct enforcement power—but this initial step supports later legal action. Marc should also remember that any subsequent eviction proceedings have strict time limits, so preventive documentation is crucial.

Application pratique:

This case law confirms that requesting bank records is a non-coercive investigative act. The co-owner can therefore send a written request directly to the bank holding the syndicate’s account, citing this decision. She should keep a dated copy of her request and any reply. If the bank refuses, she may need to apply for a court injunction, but the earlier request will show good-faith effort and preserve her rights with respect to contestation deadlines, which often run strictly from the annual general meeting.