Appellate judges may accept that

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

The situation

Appellate judges may accept that their annulment of the originating summons and the subsequent proceedings did not prevent them from deciding the merits of the case by evocation, provided that on appeal the parties made submissions on the merits. It matters not whether the submissions on the merits were made as primary or alternative submissions.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

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

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