Except in cases where review proceedings may be brought

This decision provides important clarification regarding property law. Here is what it changes for you.

The situation

Except in cases where review proceedings may be brought, a judicial decision ordering a person to pay a debt under a contract precludes that person from challenging the binding force of that same contract by relying on new grounds of defence which they omitted to raise during the proceedings; consequently, the decision declaring inadmissible, on grounds of res judicata, the subsequent claim for annulment of that contract is legally justified (judgments nos. 1 and 2).

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Comply strictly with the legal time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Be proactive: preventive advice always costs less than litigation

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