Since the action for recovery of

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

The situation

Given that a claim for restitution of sums must be brought against the party on whose behalf the payment was received, the decision of a Court of Appeal is legally justified which dismissed a bank's claim against the structural defects insurer for the recovery of sums paid under the 'perfect completion' guarantee, after finding that the bank had failed to prove that such insurer was the debtor of the obligation attributable to the contractor.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with legal appeal deadlines
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

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