This decision provides important guidance on your family and property rights. Here is what it changes for you.

The situation

It follows from Article 21 of Ordinance No. 2006-461 of 21 April 2006, which became Article L. 341-1 of the code des procédures civiles d'exécution (French Code of Civil Enforcement Procedures), and which provides that the Ordinance does not amend the provisions applicable in the departments of Bas-Rhin, Haut-Rhin and Moselle, that Article R. 321-3 of that code, arising from Article 15 of Decree No. 2006-936 of 27 July 2006, adopted for the application of that Ordinance, cannot apply to the commandement de payer (payment demand) provided for by former Article 2217 of the French Civil Code, which remains applicable in those departments. Consequently, the commandement de payer served on the debtor prior to a measure of enforcement against real property need not include the statement provided for in point 8° of Article R. 321-3 of the code des procédures civiles d'exécution

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for bringing a claim or appeal
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice is always cheaper than a dispute

To have your situation analysed: 30-minute consultation at €70 with Maître Perucca.