The Exceptional Provisions

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

The situation

The exceptional provisions enacted by Articles 31, first and second paragraphs, of the Law of 11 March 1957 and Article 3, third paragraph, of the Law of 12 March 1952 but not by the Law of 14 July 1909 relate to the proof of contracts for the exploitation of the author's economic rights and concern only the relations between the author and his co-contracting party. They are unrelated to a dispute between two merchants where one claims to be the assignee of an intellectual property right. The Law of 14 July 1909, unlike the laws on patents for invention and on trade marks, neither created a national register nor prescribed the requirement of a written instrument for assignments of rights in designs. It follows that the Court of Appeal legally justifies its decision when, in order to find the prior date of a company's design, it relies on an attestation from the creator of that design specifying the date of creation and the assignment of his rights to that company.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly respect the statutory time limits for appeals
• Keep all your supporting documents (title 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.