The Union Customs Code (UCC) was adopted on October 9, 2013 as Regulation (EU) No 952/2013 of the European Parliament and of the Council.
Its provisions will become effective on May 1, 2016.
This new code brings about many legislative and practical changes for businesses that import or export goods.
Notaries usually recommend inserting a penalty clause in so-called deeds of donations-partage (i.e. inter vivos gifts for the division of estate among the presumptive heirs) and deeds of testaments-partage (i.e. inter vivos testamentary partition of estate) in order to make sure that the wishes of the donor/testator will be respected by the heirs.
The effectiveness of such a clause – which is lawful under certain conditions – was already questionable in inheritance disputes as French courts seemed reluctant to order their enforcement.
In a decision dated December 16, 2015 , the Cour de Cassation (French supreme Court) refused to enforce a penalty clause inserted in a deed of donation-portage – even though all of the plaintiffs’ claims were dismissed – and held that it was not established that the initiated legal proceedings were abusive in light of the provisions set forth in Article 6 § 1of the European Convention on Human Rights.
Law n°2014-366 of March 24, 2014 on access to housing and town planning reform, commonly known as the “ALUR Law”, has introduced significant changes in the relationships between landlords and tenants.
Since March 27, 2014, the modifications brought about by this Law apply to residential lease agreements entered into after said date. Lease agreements existing as of the date of entry into force of the Law remained subject to the provisions that applied to them before such date.
Yet, in an opinion dated February 16, 2015, the Cour de Cassation (French Supreme Court) decided that the new three-year time period that can be granted to tenants by the judge for the payment of the rental debt should also apply to residential lease agreements entered into prior to March 27, 2014 even though this was not provided for by the ALUR law.
The warranty against latent defects is a legal obligation imposed on the seller of a real estate property in order to protect the purchaser.
When a latent defect is identified on a sold property and insofar as three cumulative requirements are met, the purchaser had so far the option to request either the cancellation of the sale (so called action rédhibitoire) or a reduction of the purchase price (so-called action estimatoire).
In a decision dated June 25, 2014, the Cour de Cassation (French Supreme Court) seems to now deny the purchaser the right to request the cancellation of the sale if he has been sluggish in initiating proceedings to enforce the warranty against latent defects.
Real estate agencies are appointed by the owners of a real estate property who wish to sell or to lease their property. In this respect, under applicable French legislation, the real estate agency receives a mandate to enter into a sale/lease contract with a third-party.
Pursuant to an established case law, the real estate agency, acting as a professional, has the obligation to provide information and advice in the performance of its duties. As a result of two judgments rendered by two different courts of appeals, the real estate agency now seems to also have the duty to exercise vigilance and diligence in the preparation of the sale/lease contracts.
The rules governing co-ownership mandatorily apply to any erected building, the ownership of which is divided between several people in the form of units that comprise two components: the private areas and a share in common areas (cf. Article 1 of Law n°65-557 of July 10, 1965 establishing the co-ownership status of erected buildings).
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