Civil

You are a landlord and your tenant no longer pays his rent? Look for an amicable solution. This solution is to be favored because litigation can be long and costly. After 5 days of delay, you must call the tenant and the person standing surety to invite him to settle...

Debt Repayment the Court of Cassation recently emphasized that unlike spouses or individuals in a Pacs (civil partnership), cohabitants are not obligated to repay a debt incurred by their partner if they did not sign the contract themselves. The court ruling was made...

Expert Guidance and Implications In December 2019, a significant decree brought about profound reforms in civil procedure. For individuals seeking effective legal representation in Nice, our expert lawyers are ready to provide guidance and support. Reform in Civil...

by admin | June 29, 2018 | b , Real estate law | 0 comments Your tenant violates some of his obligations? Do you think you have the right to evict him? In which cases do you have the right to expel him? Your expert lawyer in rental law will tell you the most common...

Disgruntled creditors often turn to private collection companies whose mission is to recover the debt "at all costs". More and more often, creditors know that their claim is statute-barred. However, they are trying to get a court order. If the client does not oppose...

The heir who renounces the succession transmits his share to his descendants if the succession was opened after 1 January 2007. Otherwise (succession opened before 2007), the applicable law is that which provided for the distribution of his share between his co-heirs....

To be valid, a holographic will, that is to say handwritten will, must be entirely written, dated and signed by the hand of the testator. This is what the Court of Cassation has just recalled in a case where the litigious will was composed of photocopies of an earlier...

The publication of insults on social networks is not sufficient to constitute the offense of public insult. This is what the Court of Cassation has just ruled in a judgment of April 10, 2013. A company and its director accused a former employee of posting comments on...

The clause of a contract which makes the total price of tuition a package fully acquired by the school as soon as the contract is signed is abusive when it does not provide for the possibility of early termination for a legitimate and compelling reason . This was...

In the event of divorce, under article 1384 of the Civil Code, the responsibility rests with the sole parent with whom the habitual residence of the child has been determined. A thirteen-year-old child whose parents were divorced had caused the fire and the total...

Before making any donation, you must make sure whether it requires a notarial deed or not. As for the manual donation, the donation is made by the actual handing over of a property to a beneficiary and not by a notarial deed. This donation does not have to be brought...

The Civil Code, in its article 973, provides that a will must be signed by the testator in the presence of the witnesses and the notary. If the testator declares that he does not know or cannot sign, it will be made in the act express mention of his declaration, as...

Unless there is a clear fault on his part, the doctor is not responsible for the fitting of a defective prosthesis. This is confirmed by the Court of Cassation in a case between a patient wearing a silicone prosthesis and his surgeon and the manufacturer thereof. A...

While during the contractual relationship, the holder of a mixed-use lease is not obliged to use the premises both for accommodation and for the exercise of his profession, the right to renewal of the lease remains conditional on the circumstance that, at the end of...

The visit of a professional to a consumer’s home, at the latter’s request, does not necessarily constitute canvassing. Consumer law is particularly protective of the consumer in the event of door-to-door canvassing, in particular by allowing him to be able to withdraw...

The decree of August 28, 2012, defined the guarantees that must present the procedures used by judicial officers to serve documents electronically. The means of electronic communication of judicial officers must be secure. – The electronic service of documents is...

Expired products, poorly informed labels: who is responsible? Where to turn? A lawyer, specialized in consumer law, explains the procedure to follow in the event of food poisoning. How to prove it?It is up to the victim to have a medical report carried out, then to...

Regulation (EU) n°650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions, and acceptance and enforcement of authentic instruments in matters of succession and the creation of a...

SME/VSE managers, it’s the end of the year and your customers haven’t paid some of your invoices? How to justify these invoices to the tax authorities and above all what steps to put in place to finally be paid? Effective solutions exist. Do not hesitate to contact...

The holder of a lease subject to Law No. 48-1360 of September 1, 1948, may be stripped of his right to remain in the premises for one of the reasons listed in Article 10, which are essentially due to the fact that the occupation no longer satisfies a housing need. In...

Can we challenge a request for a measure under guardianship? What is the protocol? What I can challenge When you receive a letter from the guardianship judge, you must first read this letter carefully to check that it is indeed a request for guardianship. If so, this...

On the recommendations of his accountant, a craftsman places himself under the VAT exemption regime. The latter no longer has to fill in a VAT declaration. On the other hand, he is no longer able to deduct the VAT paid on purchases made for the purposes of his...

This is a lesson that will be of great interest to legal practitioners. In an opinion of June 25, 2012, the Court of Cassation has just specified that the documents invoked in support of the claims which are not communicated simultaneously with the notification of the...

Not satisfied with the hotel you have booked? Cancellation terms vary from case to case. Cancel the reservation You can cancel your hotel room reservation at no additional cost, provided you have not entered the premises. The cancellation also depends on your...

The judge in chambers, being able to designate the agent among the co-owners or outside them, the existence of a dispute between the co-individuals does not necessarily constitute an obstacle to the appointment of one of them as agent. joint ownership. Therefore, the...

Many SMEs and VSEs are family-run and wish to remain so. However, you don’t always know when to worry about passing on your business to your children, or the risks if you don’t. The team of lawyers of the DAMY law firm is at your disposal to advise you on the field of...

Can we plant as we please on our land? How to use a neighbor whose plantations bother you? The distances are to be respected.A minimum distance of 50 cm must be respected for plantations that are less than 2 m in height, and 2 m for plantations intended to be more...

What is noise legally? What are your rights in the face of a neighbor who is too noisy? What steps can you take? When is there noise pollution?There is noise pollution when there is discomfort. The discomfort depends on the intensity of the noise, its duration, your...

Going directly to court to resolve a dispute can sometimes be scary and expensive. Can we favor an amicable appeal, and thus avoid a trial? What are the different possibilities? Mediation:Mediation is an amicable way of settling disputes that involves an external,...

More than one in five French people is over 60 years old. In fact, there are more and more home help services. HOME CARE BENEFIT This assistance is set up to deal with urgent and temporary situations, such as discharge from the hospital. Coverage amounts to 80%, up to...

Sorting waste is part of our daily lives, but is it mandatory? Can we be sanctioned if we throw batteries, on a sofa on the public highway? HOUSEHOLD WASTE Household waste, whatever it’s packaging, is subject to selective collection. It is provided for by a...

Lost or stolen package… what recourse? We advise you point by point on the steps to be taken, from the simple declaration to the administrative investigation. How to claim your package? On the one hand, you have to go to the post office with your receipt and claim...

What are your driving rights? Are you allowed to get distracted while driving? Do you know that you do not have the right to be drunk while driving your vehicle even if it is stationary? Do you have the right not to always wear your seat belt? Can you honk your horn...

What are your rights when taking a taxi? Does a driver have the right to refuse a ride? Are you allowed to take your pet in a taxi? Can you carry bulky luggage in a taxi? The cases of refusal are limiting:– if you are less than 50 meters from a taxi rank;– if you have...

Previously, there were 4 independent authorities responsible for ensuring the rights and freedoms of citizens: the mediator of the Republic, the defender of children, the national commission for security ethics, and the Halde (High Authority for the Fight against...

Are you going to sign a rental agreement, a commercial lease or even a surety bond, and you want to be sure that you are “legally correct”? A lawyer’s deed may be the guarantee you need. Manual. What is the lawyer’s deed? Until 2011, there were only two forms of deeds...

The smoking ban applies in all closed and covered places that are open to the public. This concerns places of conviviality, transport, schools or businesses. If smoking areas have been set up, they must meet very strict standards.Article 28 of the law of 26 January...

Discover the key points of the law on accessibility for people with disabilities: deadlines, remedies, exceptions, learn how to assert your rights and those of your loved ones. The standards to be respected: According to the law, a disabled person, whatever their...

Following the controversies over the veil in schools and the full veil, the state decided and laws were enacted. To better understand under what conditions these laws apply? What is this law? The law of October 2004 on secularism is valid in public schools, colleges...

The identity check can intervene in the case of an offense but also for preventive reasons. Can you refuse to be checked and in what situations do you have to prove your identity? What about at the borders? Who is authorized to control me? In theory, only a judicial...

The measure for the protection of adults concerns people suffering from an impairment of their physical or mental faculties serious enough to prevent them from expressing their consent. It is the guardianship judge who decides on the appropriate measure. Who is...

Faced with the development of video surveillance, the boundary between privacy and security is regularly debated. So can I view the images? Do these constitute proof? The main rules In terms of video surveillance, there are three important principles: as soon as...

In France, more than one in two households owns a pet. The law, which protects owners, also imposes a certain number of obligations on them. RIGHTS of owners They are recognized in both civil and criminal law. In criminal law, the theft of a pet can be punished by 3...

If you witness animal abuse, you can take action through an animal protection association. They alone are entitled to lodge a complaint. When is there abuse? There are three gradations in mistreatment:– the most serious mistreatments are acts of cruelty to animals and...

It is sometimes difficult to establish an acknowledgment of debt, especially if the debtor is a relative or a member of his family… However, it is an act that can greatly facilitate the recovery of the sums lent. What are the mandatory information and the formalities...

You are a landlord and your tenant no longer pays his rent? Look for an amicable solution. This solution is to be favored because litigation can be long and costly. After 5 days of delay, you must call the tenant and the person standing surety to invite him to settle...

It may happen that a tenant leaves a dwelling without notifying the landlord or leaving an address and with often unpaid rent. How can an owner track him down? How can he recover unpaid rent? Carry out a survey It is first advisable to carry out a personal survey with...

You have rented a place for the holidays but, once there, it does not meet your expectations. What to do ?Rental, gite or furnished? There are three types of seasonal rentals: so-called unclassified rentals, which represent the majority of the rental stock; rural...

The landlord may have a tenant who is causing nuisance in the building. Is his responsibility then engaged? What should be done ? When am I responsible? The owner remains responsible for his tenant’s compliance with the co-ownership regulations and the general rules...

Sometimes an invoice is sent long after the service. Is the customer then obliged to pay? Can the company claim its settlement indefinitely? Yes, unless there is a prescription The service provider cannot demand payment of his invoice from his client indefinitely....

The reform law on successions and gifts dated June 23, 2006, which entered into force on January 1, 2007 modifies many articles of the Civil Code which had not yet been the subject of any modification since the creation of the Civil Code in 1804. This new law takes...

The law of February 19, 2007 establishing the trust operates a revolution in our French law. Indeed, this calls into question the principle of the unity of heritage. Of Roman origin, the trust is widely used in other Anglo-Saxon and Romano-Germanic countries under the...