Reference decision: cc • No. 88-18.561 • 1990-10-02 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Violates Articles 1 and 30 of the Convention on the Contract for the International Carriage of Goods by Road of 13 May 1956 (CMR) the court which, in order to reject the consignee's reservations made by telex due to late delivery of the goods, states that the requirements of Article 105 of the Commercial Code have not been complied with, even though, since the place of taking over the goods and the place provided for delivery are located in different countries, the carriage governed by a single contract was therefore, to the exclusion of national law, subject in all its parts to the CMR.
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 (title 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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