A party whose claims were not entirely upheld at first instance has standing to lodge an appeal not limited to certain heads of the contested judgment, the devolutive effect of which gives the Court of Appeal cognisance of the entire dispute.

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

The situation

A party whose claims were not entirely upheld at first instance has standing to lodge an appeal not limited to certain heads of the contested judgment, the devolutive effect of which gives the Court of Appeal cognisance of the entire dispute. Thus, a Court of Appeal that declares inadmissible, for lack of standing to sue, the appeal lodged by a commercial lessee against the part of the first-instance judgment that had declared inadmissible the lessor's claim for validation of a notice to quit without offer of renewal or eviction compensation, before examining the merits of his appeal against the parts of his main claim for reimbursement of rents and additional claim for payment of eviction compensation, violates Articles 546, 561, and 562 of the Civil Procedure Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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