Seised of a claim for compensation for

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

The situation

Seised of a claim for compensation for damage caused by a ball thrown by a friend with whom the victim was practising basketball, the trial judges may consider that the ball was, at the time of the accident, in the custody of the person who had thrown it and that there had not been, for the victim, an assumption of risk, since they note that the rules agreed between the players did not imply an exchange of the ball used from one to the other, but that each in turn took possession of it in order to attempt to put it into a basket fixed to the wall without the partner having to oppose it, that thus custody of the ball was entrusted alternately to one and then to the other for a longer or shorter period and that it was a peaceful game between two players.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Scrupulously comply with the statutory 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-min consultation at €45 with Maître Zakine.