The inadmissibility of a claim

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

The situation

The inadmissibility of a claim brought on appeal against a person who was neither a party nor represented at first instance is not a matter of public policy, even where their joinder is not required by the development of the dispute; it follows that the appellate judges cannot refuse to rule on such a claim if the interested party does not raise the plea of inadmissibility. A judgment violates Article 555 of the new Code of Civil Procedure where, after noting that a company and a quantity surveyor were "in default for failure to appoint an avoué", it holds, in order to declare inadmissible the appeals for a declaration that the judgment be common to them brought against them by an architect, that "summonses for a declaration that a judgment be common are in fact comparable to third-party claims for a warranty and constitute procedural steps which could have been initiated at first instance as soon as the flat purchaser’s claim became known, and that they cannot be regarded as made necessary by the development of the dispute."

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, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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