Reference decision: Court of Cassation • No. 11-10.008 • 13 December 2011 • View the decision →
This decision provides important insight into your family and property rights. Here is what it means for you.
The situation
Breaches article 1859 of the Civil Code, under which all actions against non-liquidator shareholders are time-barred after five years from the publication of the company's dissolution, the court of appeal which, in order to hold that a creditor's action against a non-liquidator shareholder is not time-barred, starts the limitation period running from the date on which the debt arose
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory time limits for bringing proceedings
- Keep all your supporting documents (title deeds, legal instruments, correspondence)
- Plan ahead: preventive advice is always less costly than litigation
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