Facts
On 14 April 1992, the contractor M. requested the Court of First Instance of Geneva to order the provisional registration of a legal mortgage on the property of Mrs. H.-Z. The court granted this request on the same day, and the registration took place on 15 April 1992. However, on 20 July 1992, the court dismissed the contractor's claim and revoked the provisional order. The Appellate Court confirmed this decision on 15 October 1992.
The contractor filed a public law appeal against this judgment with the SFC.
Considerations
According to established case law, the registration of the legal mortgage of artisans and contractors must be made in the land register within three months of the completion of the work, in accordance with Art. 839 para. 2 CC. This provision establishes a peremptory time limit that can be safeguarded by a provisional registration under Art. 22 para. 4 LRO.
In the present case, the SFC considers that the provisional registration ordered on 14 April 1992 and carried out on 15 April 1992 has made it possible to safeguard the time limit of Art. 839 para. 2 CC, insofar as it took place within three months of the completion of the work. Contrary to…