Having held, in view of the elements of

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Having held, in view of the factual and evidentiary elements submitted to it, on the one hand, that nothing allowed identifying any particular vulnerability of a person in police custody and assuming any acting out despite an incident related to the removal of the cord from his tracksuit trousers, on the other hand, that the police services had taken precautions appropriate to the information brought to their attention to prevent any suicidal act by removing the cord and regularly viewing the CCTV images, even though it only allowed visualising, with a blurred image, movements in the cell, finally, that although the walls of the cell had holes, the chosen modus operandi was difficult to foresee, given that the making of the hanging device and the execution of the fatal act occurred within a short period of time, it was without disregarding the provisions of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms that a court of appeal was able to deduce that gross negligence engaging the liability of the State was not established.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (deeds, instruments, letters)
• Anticipate: preventive advice always costs less than litigation

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