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Civil

Civil Law

Civil Law

My tenant does not pay his rent, what should I do?

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...

Expert Guidance and Implications

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...

How to evict your unscrupulous tenant?

Reasons and Procedures As a landlord, it's important to understand your rights and options when your tenant violates their obligations. Consulting an expert tenancy law attorney can provide valuable insight into the most common reasons for eviction. Here are the...

Vehicle rental: what to do when nothing goes as planned?

Vehicle rental  You wish to rent a vehicle. Nothing goes as planned! Maître DAMY Grégory, lawyer in Nice and Luxembourg, informs you of your rights . Vehicle rental companies have experienced significant growth in recent years. Faced with the rise in their prices,...

Renouncing an inheritance: what are the consequences?

The Court of Cassation recently provided details on the transmission of the renounced inheritance. According to the court judgment, if the estate was opened after January 1, 2007, an heir who renounces his share will pass it on to his descendants. However,...

Holographic wills

Holograph Wills  By understanding the essential requirements and following recommended practices, individuals can ensure the validity and enforceability of their holograph wills . Seeking advice from a legal professional when drafting a will can provide invaluable...

Classification and Penalties

Classification and Penalties In a significant judgment dated April 10, 2013, the Court of Cassation clarified that the mere publication of insults on social networks is not sufficient to constitute the offense of public insult. This ruling came about in a case where a...

Carpooling and Competition

Carpooling and Competition, as ruled by the Court of Cassation on March 12, 2013, is considered legal and does not constitute unfair competition against a public transport company, provided certain conditions are met. Specifically, carpooling should either be free or...

Partial refund

Abusive Clause An abusive clause refers to a contractual provision that unfairly favors one party at the expense of the other, creating a significant imbalance in their rights and obligations. These clauses are considered unfair and are typically prohibited under...

Heirs’ Accountability

Heirs' Accountability The Court of Cassation recently reiterated that during the settlement of an estate, an heir who held a power of attorney over the deceased's accounts may be obligated to provide an account of the funds they withdrew to their co-heirs. This...

A few things to know before making a donation.

Dynamics of donations Before making a donation, it is important to determine whether a notarial deed is required. In the case of manual donation, the transfer of ownership to a beneficiary is made by physical delivery rather than by notarial deed. These donations do...

Courts Ruling

Court's Ruling The Civil Code, specifically in Article 973, outlines the requirements for a valid will. According to this article, a will must be signed by the testator in the presence of witnesses and a notary. In cases where the testator is unable to sign due to...

The decree

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

Food Poisoning Victim

Food Poisoning Victim Food poisoning can have a significant impact on individuals, causing discomfort, illness, and disruption to their daily lives. In this narrative, we delve into the experiences of someone who fell victim to food poisoning, highlighting the...

Simplified Successions

Simplified Successions This regulation makes it possible to clarify the procedures during the liquidation of an international succession. From now on, the place of habitual residence of the deceased will be the sole criterion taken into account to establish the...

Strategies & Support

Justifying Unpaid Invoices to Tax Authorities:- Strategies & Support For SME/VSE managers, the end of the year can bring the challenge of unpaid invoices from customers. However, it is crucial to handle these situations effectively to justify these invoices to the...

Leaseholders’ Rights

The Right of a Leaseholder Subject to Law No. 48-1360 of September 1, 1948 The holder of a lease subject to Law No. 48-1360 of September 1, 1948, may face the possibility of losing their right to remain in the premises due to certain reasons specified in Article 10....

Guardianship Challenges

Challenging a Request for Guardianship: Understanding the Process When faced with a request for guardianship, it is natural to question whether it can be challenged and what steps should be followed. Understanding the protocol and the aspects that can be disputed is...

Streamlined Legal Procedures

Court of Cassation's Emphasis on Simultaneous Communication of Documents In a significant opinion delivered on June 25, 2012, the Court of Cassation has provided crucial guidance to legal practitioners regarding the communication of documents in support of claims...

Unsuitable Hotel

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...

Disputed Co-Ownership

Discretion of the Judge in Appointing a Representative in Co-Ownership Disputes Disputed Co-Ownership The judge in chambers holds the authority to designate a representative among the co-owners or even outside their ranks, and the presence of a dispute among the...

Divorce Remuneration

Remuneration of Notaries in Divorce Proceedings The judgment delivered by the second civil chamber addresses an important question regarding the remuneration of notaries appointed by the judge in divorce proceedings. Specifically, it examines whether the remuneration...

Transfer Disputes

Formalism and Litigation in Dailly Transfers The process of Dailly transfer has often been a subject of legal disputes, with the formalities surrounding it being a potential source of ongoing litigation. In this context, a company transfers its claim against a...

Fraudulent Evasion

Conflicting Actions: Divorce and Contribution to Marriage Expenses In a case involving two Algerian spouses, a dispute arose when the wife sought an order from a French court, requesting her husband to contribute to the expenses of their marriage. However, a few weeks...

Job Search Protection

Job Search: The Unseizability of a Computer for Unemployed Individuals In a recent ruling on June 28, 2012, the Court of Cassation addressed the issue of whether a computer used by an unemployed person could be seized as part of a creditor's actions. The case involved...

Planting Guidelines

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...

Neighborhood Nuisances

Barbecue, lawn mower, swimming pool… What your neighbor does in his garden can sometimes cause major neighborhood disturbances. So are there any regulations? What can we do? The barbecue Barbecues can be a source of very unpleasant nuisances due to the spread of odors...

Noisy Neighbor

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...

Friendly Resolutions.

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,...

I want to change my name: how do I do this?

There are names that are difficult to bear… however, changing them is not easy. Whatever your reasons, you will have to argue! MINOR OR MAJOR?To be able to apply for a change of name, you must be of legal age and of French nationality. When the request concerns a...

Assistance for dependent elderly people

More than one in five French people  is over 60 years old. Indeed, there are more and morehome help  services . HOME CARE DELIVERY This assistance is set up to deal with urgent and temporary situations, such as discharge from hospital. Coverage is 80%, up to a limit...

Am I obliged to sort my waste?

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

The post office has lost my package: what should I do?

poorly managed package! Lost or stolen package  ... what recourse? We advise you point by point on the steps to take, from the simple declaration  to the administrative investigation. How to claim your package? On the one hand, you must go to the post office with your...

“I have the right” at the restaurant

What are your rights in a restaurant?  Is  a  restaurateur responsible for your personal belongings? Can you require water when ordering food? A coffee ? Do you have the right to request an itemized invoice? Do you have the right not to pay for dishes that do not...

Rights and responsibilities on the road

What are your driving rights  ? As a driver, you have certain rights and responsibilities on the road. Understanding these rights is crucial to maintaining safety and  following  the rules of the road. Here are some important aspects of your driving rights: Distracted...

Right of taxi passengers: refusal and limitations

Rights of taxi passengers: refusals and limitations When you take a taxi , you have specific rights as a  passenger  . Understanding these rights helps ensure a smooth and fair experience. Here are the main  aspects  of your rights when taking a taxi: Driver's right...

Airport passenger rights: pets, baggage, search and duty free

Airport passenger rights: pets, baggage, search and duty free When you are at the airport, you have certain rights as a passenger. Understanding these rights ensures a smoother travel experience. Here are some important aspects of your rights at the airport: Traveling...

What is a solicitor’s deed?

Are you going to sign a  rental contract, a commercial lease or a surety bond, and you want to be sure that you are “legally correct”? The 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...

Should we automatically own an object found in the street?

Street property! If we find a lost object in the street, do we  automatically become  its owner ? Can't we return it to its owner if we know who it is? An object ? Street property! We have the right to pick up any  object  that we find in the street, be it a book, a...

How far will the ban on smoking or vaping go?

The smoking ban applies in all closed and covered places   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 2016 on...

Disability: what obligations for public places?

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...

How to get the French nationality ?

There are four  major cases  to be able to apply for French nationality . It is easily obtained if you were born in France and still reside there after the age of 11. In other cases, the French administration will study the case at length before rendering its...

How do I dispute a fine?

To dispute your fines , several  possibilities  are available to you. The remedies, the right steps and the steps to follow to assert your right will be detailed here. The right approach It is illusory to contest a fine if you are not sure that you are within your...

Religious signs, what does the law say?

Following the  controversies  over the veil at school and the full veil, the State decided and laws were promulgated. 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,...

Do I have the right to refuse an identity check?

The identity check can  intervene  in the event of an infringement but also as a preventive measure. Can you refuse to be checked and in which situations do you have to prove your identity? And at the borders? Who is authorized to control me? In theory, only a law...

How to apply for the protection of an adult?

The measure for the protection of  adults  concerns people with 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 concerned ?...

Update on the main rules governing video surveillance

Surveillance Laws! Faced with the development  of video surveillance, the boundary between privacy and security is regularly debated. Can I see the pictures? Does this constitute proof? The main rules Surveillance Laws! In terms of video surveillance, there are three...

What are the regulations for my pet?

Pet Guidelines   ! 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 law and criminal law. In criminal law, the theft of a pet...

The rights of the second spouse in the event of death

If we have had children from a  previous  union, in the event of death, is the current spouse protected? What are his rights? Are they different in case of marriage, PACS or cohabitation? An absolute right to HOUSING Whatever the conjugal situation (married, PACS or...

How to make an estate advance?

What is the gift before  inheritance  ? Who can receive it? IN “ADVANCEMENT OF ESTATE SHARES” A person always has the option of giving part of his estate to one of his heirs in advance: this is called the  gift  before succession, formerly called the gift before...

Acknowledgment of debt: how to ensure its validity?

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 which can greatly facilitate the recovery of the sums lent. What are the mandatory information and the...

Road accident: what are the good reflexes to have?

Crash Awareness! What are the first steps to take after an  accident  ? What to do in the event of a hit-and-run? If we are hurt? Security The law requires you to have signaling instruments in your vehicle, namely a fluorescent vest and a warning triangle. These...

Unpaid rent: How to evict your tenant?

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

My tenant left without leaving an address: What should I do?

Tenant away! It may happen that a tenant leaves a dwelling without notifying the lessor or leaving an address and with often unpaid rent. How can the owner find it? How can he recover unpaid rent? Make an inventory First of all, it is advisable to carry out a personal...

My seasonal rental does not correspond to what was expected

Rental Dispute! You have rented accommodation 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...

Should a late invoice be honoured?

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...

Suretyship and universal transfer of assets

As in the case of the death of a natural person, the merger of two legal persons entails, with the disappearance of the company, a universal transfer of assets to the benefit of the absorbing company or the new company resulting from the merger. However, the Court of...

The reform law on successions and gifts dated June 23, 2006

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...