Publicity of property rights and exemption from the short-term action regime in the context of collective proceedings: extension of the concept of publicity

Published on Dalloz Actualité – April 29, 2024

In a judgment handed down on 27 March 2024, the Court of Cassation provided further clarification on the rules governing claims for the return of movable property; in this case an aircraft, in the context of insolvency proceedings where the ownership of that movable property has been publicly notified.

The Court of Cassation confirms that an owner is exempt from having to bring an action for recovery within the three-month time limit set out in Article L. 624-9 of the Commercial Code, provided that information on their ownership rights is accessible to all, regardless of the medium used for such publicity.