A company, of which it is not

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

The situation

A company, which it is not disputed took over the obligations arising from a contract of sale entered into by its members during its period of formation, is deemed, in view of the retroactive effect attached to that act of assumption, to have owned the property in question from the outset and thereby establishes its standing, since it brought an action for a reduction in the price less than one year after the sale, irrespective of the fact that that act occurred after the one-year period laid down in Article 46 of Law No. 65-557 of 10 July 1965

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Comply strictly with the legal time limits for bringing an action
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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