The penalty payment is only ancillary to

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

The situation

The penalty payment is only ancillary to the judgment it accompanies. It follows that an application to remove or vary a penalty payment attached to an injunction issued against a debtor by a judgment that has been the subject of partial quashing, which does not affect that injunction, is not admissible before the court of appeal on referral.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

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

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