The litigious withdrawal, a legal institution whose

This decision sheds important light on your real estate law. Here is what it changes for you.

The situation

The litigious withdrawal, as an exceptional legal mechanism subject to strict interpretation, aims to end the dispute concerning the transferred rights by reimbursing the withdrawn party the price that the latter is bound to pay to the transferor. And once a Court of Appeal held that the disputed contract, concerning the transfer of a share in a real estate partnership (société civile immobilière), was subject to the condition of a final judicial confirmation of the transferor's title of ownership, it followed that the exercise of the withdrawal by the beneficiary of a previous transfer, which had been annulled, would have granted the withdrawing party only rights whose very existence depended on the outcome of the trial, and would therefore not have put an end to the dispute.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Respect scrupulously the legal time limits for filing appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice is always less expensive than litigation

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