Except where it accompanies a

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

The situation

Except where it accompanies a decision that is already enforceable, the penalty payment takes effect on a date which cannot be earlier than the day on which the decision imposing the obligation was notified. Therefore, the Court of Appeal breaches Article 51 of Decree No. 92-755 of 31 December 1992, together with Article 503 of the New Code of Civil Procedure, when it gives effect to a penalty payment ordered by a case management judge from the date of the order, even though that order provided that the penalty payment would run from its date.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with 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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