Merely Exercised Its Sovereign Discretion

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

The situation

The Court of Appeal merely exercised its sovereign discretion by holding that, in the common intention of the parties, the payment of a forfeit by the buyer provided for in a promise of sale was intended to release the latter from an obligation to purchase implicitly assumed by him, and thus recognised the bilateral nature of the said promise.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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