The offence of malicious denunciation

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

The situation

The offence of malicious denunciation requires, to be established, proof of bad faith, consisting in the accused's knowledge of the falsity of the denounced fact. The mere finding that the complaint was made with intent to harm is insufficient to establish bad faith (1).

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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