Appeal of a judgment ordering an investigative measure

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

The situation

An appeal against a judgment ordering an investigative measure without deciding any part of the main claim, lodged at the same time as the appeal against the judgment on the merits, is only admissible if that appeal is itself admissible. Therefore, a court of appeal cannot infer from the indeterminate nature of the claim on which the interlocutory judgment ruled the admissibility of the appeal against that judgment together with the judgment on the merits when, the claims having been amended, the sums claimed are below the jurisdictional threshold.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the legal time limits for appeals
• Keep all your supporting documents (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.