The burden of proof must not be reversed

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

The situation

The Court of Appeal does not reverse the burden of proof where it holds that the building owner, who sought termination of the construction contract, failed to establish that, at the time of the drawdown requests, the state of progress of the works entitled it to defer payment, and that, in the absence of payment, the builder was entitled to suspend its work.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Scrupulously observe the statutory time limits for bringing proceedings
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive legal advice always costs less than litigation

For an analysis of your situation: a 30-minute consultation at €70 with Maître Perucca.