Firstly, the mechanism of the

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

The situation

Firstly, the mechanism of the priority preliminary ruling on constitutionality neither has the object nor the effect of derogating from the rules governing the division of jurisdiction between the judicial courts and the administrative courts. Therefore, the ground of challenge based on the fact that Article L. 262-3, 4°, of the Social Action and Family Code, relating to household resources taken into account for calculating the active solidarity income (RSA), would undermine the rights and freedoms guaranteed by the Constitution, cannot be brought before the judicial court, which lacks jurisdiction to hear a challenge to an overpayment of RSA benefit. Secondly, it follows from Article L. 114-17 of the Social Security Code that the incomplete nature of declarations made by a recipient for the purpose of receiving RSA benefits may be subject to a financial penalty, the amount of which is set according to the seriousness of the facts, within the limits determined by the text. However, the recipient's resources have no bearing on the amount of the penalty. Therefore, the ground of challenge based on the fact that this legislative provision would undermine the principle of fraternity, in that it does not provide for the exclusion of financial assistance granted by family or relatives, parents or friends, from the resources to be taken into account for calculating RSA entitlements, is ineffective.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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