Within the meaning of Article L

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

The situation

Within the meaning of Article L. 341-4, now Articles L. 332-1 and L. 343-4 of the Consumer Code, the manifest disproportion of the suretyship to the surety's assets and income on the day it was entered into presupposes that the surety was at that date manifestly unable to meet such a commitment with his or her assets and income. Consequently, a court of appeal which merely notes that the surety's commitment was practically equal to the amount of his or her estate and that his or her monthly income was burdened by the repayment of loans is based on grounds that are inappropriate to characterise such a disproportion.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Scrupulously comply with the statutory time limits for bringing proceedings
• Keep all your supporting documents (title deeds, deeds, letters)
• Be proactive: preventive advice always costs less than litigation

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