A mortgage entered on the land register unlawfully unjustly restricts the owner’s right of ownership. We examine the legal nature of the action for the removal of a mortgage, the grounds of invalidity, its parties, the court with jurisdiction and venue, and the burden of proof from a practical perspective.
The passing of the due date is often not enough on its own to place a debtor in default. We address the conditions under which default arises, the differences between compensation for delay and default interest, and the alternative rights granted to the creditor in contracts creating reciprocal obligations.
Where a contract has been signed in circumstances that do not reflect a party’s true intention, its binding force becomes open to question. We examine how mistake, fraud and duress affect the contract and the period within which the party whose consent has been vitiated must act.
In pre-drafted standard contracts, provisions conferring an advantage on the drafter are characterised as general terms and conditions and are subject to a particular scrutiny as to validity. We address the requirements for such terms to be binding, the rules of interpretation, the sanction of being deemed not to have been written and the availability of damages.
As a rule, the consent of the spouse is not sought when a pledge is created over an immovable; where the property is the family residence, however, the picture changes entirely. We examine the invalidity of a mortgage created without the express consent of the non-owner spouse, the action for its removal, and the practice of the Court of Cassation.
A service charge fixed by the general assembly of condominium owners does not become a definitive and unchallengeable debt where it is set at a disproportionate level. We address, from a practical standpoint, the route for objecting to the management budget, the objection period, on whom luxury expenditure may be imposed and the consequences of non-payment.
A person who gains value from another’s assets or labour without a justified legal basis is bound to restore what he obtained. We examine the elements of unjust enrichment, the conditions of the action, the scope of the duty of restitution, the subsidiary character of the action and the limitation regime from a practical perspective.
A donation, which involves an undertaking to confer a benefit without consideration, is subject to special rules on capacity and form because of its structure imposing obligations on one party alone. We examine the elements of the contract, its types and the liability of the donor.
A mortgage is a limited right in rem that entitles a creditor unable to recover its claim to have the immovable sold through enforcement proceedings. In this briefing note we address the conditions for creating a mortgage, the principles of accessoriness and specificity, the fixed rank system, statutory mortgages and the process of realisation.
As a limited right in rem created over an item of property in the creditor’s favour, the pledge secures performance of the debt. We address the ways in which pledges over immovable and movable property are created, the principles governing these two forms, the preservation of the value of the security and the termination of the pledge from a practitioner’s perspective.
A tenant leaving business premises before the term of the agreement expires does not thereby bring the rental obligation to an end at the same moment. We address how the reasonable period is determined, which items the tenant is liable for, the deductions to be applied and the route to release from liability.
A benefit conferred gratuitously is not permanent in every circumstance. We address, from a practical perspective, the grounds that allow a gift to be revoked, the issues particular to gifts subject to a charge, the one-year preclusive period and the cases in which the heirs may exercise this power.
