A court ruling must be quashed

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

The situation

A Court of Appeal judgment must be quashed where it decided, in an action for liability brought against two companies, that one of them, which had been placed in judicial settlement during the proceedings and whose trustee had been joined, should indemnify and hold harmless the other company from the judgments ordered against it, whereas the courts were required to apply of their own motion the mandatory public policy provisions of Articles 35 and 40 of the Law of 13 July 1967 and Article 55 of the Decree of 22 December 1967, which require the creditor of a debtor in judicial settlement to submit, with respect to claims for payment of a sum of money arising from a cause prior to the opening of the judicial settlement, to the claims verification procedure, even though that creditor, in the absence of a title, had to have its right recognised and even though the action had been commenced before the judicial settlement was ordered.

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 (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.