If any unpaid creditor, in order to

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

The background

While any unpaid creditor must, in order to rely on a right of retention over goods belonging to their debtor, establish the existence of a connection between their claim and the retained goods, the good-faith freight forwarding agent is vested, by operation of law under Article 95 of the French Commercial Code, with a priority lien conferring a real right of pledge over goods lawfully taken into their possession in performance of the commission contract, which secures all of their claims against the same debtor, even those arising from transactions prior to the one by reason of which the goods were handed over to them.

What the law says

This decision reaffirms the fundamental principles of property law.

Key points to remember

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

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