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Toutes nos analyses de jurisprudence en droit de la famille et du patrimoine : décisions commentées, cas pratiques et conseils d'expert

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Droit de la Famille

Abnormal neighbourhood nuisance: a contractor's strict liability, including where the damage originates on public land

On the basis of the principle that no one may cause an abnormal neighbourhood nuisance to another, a contractor, including a public works contractor, is strictly liable towards neighbouring victims for having carried out an activity directly connected with the abnormal nuisance caused, notwithstanding the fact that the origin of the damage, caused by a vehicle, lies within the public domain

Juridiction: cc

Date: 08/11/2018

droit de la famillejurisprudencefamille
08 novembre 2018
Droit de la Famille

A ruling is liable to be quashed where it

A ruling is liable to be quashed where it infers the existence of a nuisance solely from a breach of an administrative provision, without examining whether that nuisance exceeded the normal disturbances of neighbourhood.

Juridiction: cc

Date: 17/02/1993

droit de la famillejurisprudencefamille
17 février 1993
Droit du Patrimoine

Numerous trees having fallen as a result of

Numerous trees having fallen onto neighbouring land as a result of a storm, a court of appeal which, after finding that the trees had fallen over a length of one hundred and twenty metres and a width of twenty metres on the neighbouring plot, that forty ares of that plot could no longer be exploited, that the trees were still rooted in the ground, that others were threatening to fall, that the grass had grown to a height of one metre and that the soil was scorched, holds that the owner was fully aware of that state of affairs and that he had refrained for more than two years from clearing the neighbouring land despite a formal notice (mise en demeure), from which it followed that the disturbance did not result from force majeure, lawfully justifies its decision to order the owner, on the basis of abnormal neighbourhood nuisance (trouble anormal de voisinage), to remove the fallen trees, to restore the neighbouring land and to take all measures required to prevent the trees standing in an unstable position from falling.

Juridiction: cc

Date: 05/02/2004

droit de la famillejurisprudencepatrimoine
05 février 2004
Droit de la Famille

The two-month time limit set by

The two-month period laid down by Article R. 12-5-1 of the French Expropriation Code (Code de l'expropriation pour cause d'utilité publique) for the filing, by expropriated owners, of the bundle of documents prepared with a view to establishing that the order transferring ownership has lost its legal basis, is a time limit for bringing proceedings, the non-observance of which is sanctioned by a statutory time bar.

Juridiction: cc

Date: 17/03/2010

droit de la famillejurisprudencefamille
17 mars 2010
Droit du Patrimoine

Expropriated persons entitled to a right to rehousing

Expropriated persons who benefit from a right to rehousing under the provisions of article L. 314-2 of the French Town Planning Code (code de l'urbanisme) must receive two rehousing offers from the acquiring authority, in respect of premises meeting the standards referred to in that article, before the compensation for occupation is definitively fixed. In the absence of such offers, a Court of Appeal which has not established a clear and unequivocal waiver by the expropriated persons of their right to rehousing cannot allow the application for their eviction on the sole ground that the proceedings on the compulsory purchase compensation were closed without either party having raised the issue of rehousing.

Juridiction: cc

Date: 27/02/2013

droit de la famillejurisprudencepatrimoine
27 février 2013
Droit du Patrimoine

Filing an appeal in cassation

The filing of an appeal in cassation (a further appeal on a point of law) pursuant to the provisions of Article L. 12-5, first paragraph, of the French Code of Expropriation for Public Purposes neither interrupts nor suspends the statutory time bar laid down in Article R. 12-5-1 of the same Code, within which the expropriated owner must apply to the expropriation judge to have it formally established that an order transferring ownership has lost its legal basis and to rule on its automatic legal consequences, such as a claim for restitution and compensation

Juridiction: cc

Date: 16/01/2013

droit de la famillejurisprudencepatrimoine
16 janvier 2013
Droit de la Famille

Without reversing the burden of

Without reversing the burden of proof or exceeding its remit, a court of appeal held that a landlord must, in order to retain the advance service charge payments received from the tenant, provide evidence of the amount of the expenditure and that, failing this, the landlord must repay the tenant the sums paid by way of advance payments

Juridiction: cc

Date: 17/09/2020

droit de la famillejurisprudencefamille
17 septembre 2020
Droit de la Famille

The French Treasury's special priority lien

The special priority lien of the French Treasury established in respect of land tax (taxe foncière) by Article 1920 2 2° of the French General Tax Code (code général des impôts) carries a right of pursuit (droit de suite).

Juridiction: cc

Date: 28/03/2006

droit de la famillejurisprudencefamille
28 mars 2006
Droit de la Famille

In an oral commercial lease, the

In an oral commercial lease, the transfer to the tenant of liability for the land tax (taxe foncière) results from the agreement of the parties, the existence of which is a matter for the sovereign assessment of the trial judges

Juridiction: cc

Date: 28/05/2020

droit de la famillejurisprudencefamille
28 mai 2020
Droit de la Famille

Service of Court Documents between Lawyers: Strict Compliance with Articles 672 and 673 of the French Code of Civil Procedure

Under Article 672 of the code de procédure civile (French Code of Civil Procedure), the service of court documents between lawyers is evidenced by the affixing of the seal and signature of the judicial officer (huissier de justice) on the document and its copy, together with an indication of the date and the name of the receiving lawyer. Under Article 673 of the same code, direct notification of court documents between lawyers is effected by delivery of the document in duplicate to the receiving lawyer, who immediately returns one of the copies to their fellow counsel after dating and endorsing it. A court of appeal violates these provisions where it rules without any debate on the basis of pleadings bearing a printed statement that they had been served on the lawyer instructed by the opposing party (judgment No. 1, appeal No. 19-12.752), or on which a stamp of the bar association of a local bar attesting to their service had been affixed and which bore the signature of the lawyer who filed the pleadings (judgment No. 2, appeal No. 19-12.753), without verifying that those pleadings had been served in the required form and that the opposing party had been given the opportunity to respond.

Juridiction: cc

Date: 02/07/2020

droit de la famillejurisprudencefamille
02 juillet 2020
Droit de la Famille

Challenging the validity of a demand for payment serving as a writ of seizure, raised after the enforcing creditor serves the claim form, constitutes a procedural objection

The challenge to the validity of a demand for payment serving as a writ of seizure, raised after service of the claim form by the enforcing creditor, constitutes a procedural objection

Juridiction: cc

Date: 25/03/2010

droit de la famillejurisprudencefamille
25 mars 2010
Droit de la Famille

Constituting fixtures by destination

Items of personal property used in a commercial operation constitute fixtures by destination where such objects have been placed in the property by its owner for the service of their business.

Juridiction: cc

Date: 29/10/1984

droit de la famillejurisprudencefamille
29 octobre 1984
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