Failure to comply with formalities

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

The situation

Failure to comply with the substantive formalities to which police custody is subject may be invoked in support of an application for annulment of an act or procedural document only by the party concerned. The Investigating Chamber gives reasons for its decision when, in order to declare inadmissible the application for annulment, made by one charged person, of the police custody of another charged person, it holds that the rights of the person in police custody recognised by Article 6 § 3 of the European Convention on Human Rights are rights personal to that person.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the legal deadlines for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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