If, in the event of novation, the obligation

This decision sheds important light on your property law. Here is how it affects you.

The situation

If, in the event of novation, the new obligation is nullified by the bringing of an action for nullity, the former claim must be treated as having never been extinguished; it is otherwise where the creditor intended, with full knowledge, to substitute for the prior firm obligation a new obligation which he knew to be voidable by his own act. A tenant who, through fraudulent manoeuvres, has obtained a new more advantageous lease may not, after annulment of the latter on grounds of fraud, rely on the provisions of the original lease.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with statutory limitation periods for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

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