Violates Articles 122 of the new Code

This decision sheds important light on your real estate rights. Here's what it means for you.

The situation

Violates Articles 122 of the new Code of Civil Procedure and 1382 of the Civil Code the court of appeal which, in ruling inadmissible the defence raised by a notary based on the irregularity of the registration of a final judicial mortgage encumbering a property, held that he lacked standing to raise it against the creditor whose mortgage was registered pursuant to a judgment giving rise to a certificate of non-appeal, whereas since that judgment had not yet been duly served, the appeal period had not begun to run and, the provisional registration having lapsed, the creditor therefore had no security interest over the property, such that the loss he claimed lacked any causal link with the breach committed by the notary who had paid the balance of the sale price to the seller.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with legal time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.