Professional unions or associations

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

The situation

Professional unions or associations which bring together persons exercising the same profession, similar or related trades, whose exclusive purpose is the study and defence of the rights as well as the material and moral interests, both collective and individual, of the persons mentioned in their articles of association, have the capacity to take legal action, provided that they have fulfilled the obligation to deposit their articles of association with the town hall (mairie). Consequently, the judgment must be approved which, after having verified that the purpose of a professional organisation corresponded to that of a professional union or association and that this organisation had duly deposited its articles of association with the town hall (mairie), decides that it had the capacity to take legal action, regardless of the fact that, having the form of an association governed by the law of 1 July 1901, it does not additionally provide proof of the declaration provided for in Article 5 of the said law.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly respect the legal time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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