Conviction of Hubert Falco: “A democratic prison sentence”
“This judgment is exemplary”, reacts Alain-David Pothet, a few minutes later the deliberations of the “fridge affair”. According to the Var lawyer of the Anticor association, “the court gave a particularly strong signal" while "several elected officials in the region are implicated in matters of probity.”
Coding of abnormal neighborhood disturbance
April 8, 2024 marks a turning point in French civil law with the vote planned by the National Assembly to introduce article 1253 into the Civil Code. This new article, which already received the approval of the Senate on April 3, formalizes the principle of liability linked to neighborhood disturbances, previously established by case law. It establishes that any person causing a disturbance beyond the normal nuisances of the neighborhood, such as excessive noise or obstruction of view, is automatically responsible for the damage caused.
This article 1253 clarifies that this liability does not apply if the disorder results from activities prior to the complainant's installation, in compliance with the regulations, and which have not modified the conditions in such a way as to aggravate the disorder. This provision repeals article 113-8 of the Construction and Housing Code and introduces modifications into the Rural Code to offer specific exemptions to agricultural activities.
Here is the exact text of article 1253 of the Civil Code debated:
“The owner, the tenant, the occupant without title, the beneficiary of a title whose main purpose is to authorize him to occupy or exploit a property, the project owner or the person who exercises the powers who is to the origin of a disturbance exceeding the normal neighborhood inconveniences is legally responsible for the resulting damage. The liability provided for in the first paragraph is not incurred when the abnormal disturbance comes from activities, whatever their nature, pre-existing the installation of the injured person, which comply with the laws and regulations and which were continued under the same conditions or under new conditions which do not cause an aggravation of the abnormal disorder. »
Var Matin: Local residents are against a project of 110 seasonal housing units in the Gulf of Saint-Tropez
The project to build housing for seasonal workers in luxury hotels in Saint-Tropez, initiated by major hotel groups, is meeting opposition from local residents.
The latter express concerns about the devaluation of their real estate assets and the environmental impact, in particular due to the alleged felling of protected trees.
The management of the hotels involved is putting forward measures to reduce nuisance and preserve the environment. This conflict illustrates broader tensions over planning policy in the region, often seen as favoring the interests of big business at the expense of the local community.
Read the article on Var Matin website
Photo by Agathe JOUBERT
Article by Jocelyn FLORENT
Early repayment of the loan taken out for the purchase of the undivided property by a partner from his personal funds: an expense necessary for the conservation of the property
In an important opinion of July 5, 2023, the first civil chamber affirms that the early repayment of a loan having allowed the acquisition of undivided property, when it is carried out by an undivided owner using his personal funds during joint ownership, constitutes an expense necessary for the conservation of this property within the meaning of article 815-13, paragraph 1er, of the civil code.
Full liability of the owner for abnormal disturbance in the neighborhood
The action based on an abnormal disturbance in the neighborhood is an action in extra-contractual civil liability which, independently of any fault, allows the victim to seek compensation from the owner of the building causing the disturbance, who is automatically responsible.
Civ. 3rd, March 16, 2022, n° 18-23.954
#Insurance, #TAV
VAR MORNING
Suspicions of corruption and influence peddling: the judicial noose is tightening around the Cavalaire port market.
Illegal work, culpable negligence of the union and prescription
The absence of a town planning declaration and the lack of authorization for drilling work on the exterior wall of a building subject to the status of co-ownership by the general meeting of co-owners do not prevent the acquisition by prescription of a view easement on the neighboring property.
Civ. 3rd, April 21, 2022, n° 21-12.240
#Condominium, #IReal estate
VAR MORNING
He had embezzled thousands of euros, the former president of the Cavalaire firefighters' association convicted.