Does not provide a legal basis for its

This decision sheds important light on your property rights. Here is what it means for you.

The situation

The Court of Appeal fails to provide a legal basis for its decision to reject a claim for specific performance of the sale, holding that the preliminary sale agreement stipulates that the buyer will become the owner of the sold property only upon completion by authentic act, so that the seller is only bound, towards the buyer, by an obligation to do which can be resolved in damages, while at the same time noting, by adopted grounds, the parties' agreement on the thing and on the price and without finding other circumstances of such a nature as to demonstrate that the parties had made the completion by notarial act a constitutive element of their consent.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Scrupulously observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, contracts, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

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