Reference decision: Cour de cassation • No. 16-12.882 • 22 June 2017 • View the decision →
This decision provides important guidance on your family and property rights. Here is what it changes for you.
The situation
The only costs to be borne by the purchasers are those taxed by the enforcement judge in the judgment authorising the voluntary sale or granting an additional period within which to carry it out. The action brought by the enforcing creditor's barrister, seeking an order that the purchasers and the notary who drew up the deed of sale pay enforcement costs other than those so taxed by the enforcement judge, must accordingly be declared inadmissible.
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 appeals
- Keep all of your supporting documents (title deeds, legal instruments, correspondence)
- Plan ahead: preventive legal advice is always less costly than litigation
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