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town planning

 Any interested party may challenge the validity of the permit within two months of the tacit decision (filing receipt) or express decision (notice board) on the site.

It is therefore advisable not to start work immediately after obtaining the permit.

Neighbours can challenge a planning permission if the project is "likely to directly affect the conditions of occupation, use or enjoyment of [their] property" (article L. 600-1-2 of the French Planning Code).

The courts assess the neighbour's interest in taking action on the basis of factors relating to the nature, size and location of the construction (for an illustration, see Conseil d'Etat ruling no. 389798 issued on 13 April 2016).

The distance between the dwelling of the neighbour contesting the permit and the construction project is a predominant criterion in relation to visibility. In a ruling handed down on 2 June 2016, for example, the Douai Administrative Court of Appeal rejected the challenge of neighbours whose properties were located more than 3km from a proposed wind farm, even though the turbines were visible from their windows.

The competent authority (mayor's office, EPCI or the State) may cancel the planning permission on the grounds of an error of instruction or illegality within three months of formal or tacit approval of the planning permission.

Keep an eye on the signs on the ground

Neighbours are generally alerted to a new building by the sign that the beneficiary of the building permit must post on the site where the new building is to be erected (this posting is compulsory even if the permit has been tacitly granted). It must be installed in such a way that the information can be read from the public highway or from areas open to the public during the construction period (art. R. 424-15 of the French Town Planning Code).

The display panel gives you valuable information

Technically, the sign must be rectangular and larger than 80 cm. It must also contain a number of essential pieces of information (art. A424-16 et seq. of the same code): the name of the beneficiary (its name or company name, if it is a company), the date and number of the permit, the nature of the project and the surface area of the plot, as well as the address of the town hall where the file can be consulted. Depending on the nature of the project, it must also indicate the authorised floor area and height of the building(s), the number of plots planned or the surface area of the building(s) to be demolished. Finally, the notice board must indicate the procedures and deadlines for appealing against the project (art. A424-17).

If these posting rules are not complied with, work may begin, but the appeal periods will not run. This means that you can take legal action to have the planning permission cancelled well after the usual 2-month period and up to one year after completion of the work (art. R. 600-3 of the French Planning Code).

Consult the file at the Town Hall

If you have reason to believe that the proposed building is not in order, consult the documents at the town hall. Start with the application for planning permission. Check that it complies with the local town planning scheme (PLU) - e.g. the land use plan (POS) - or the local map (for towns without a PLU), or in small towns without a PLU or map, that it complies with the national town planning regulations. In particular, these documents determine the nature of the zone (whether or not it can be built on) and specify the appearance that buildings must have in the municipality (maximum height, distance between the facade and the street, colour of facades, type of roof covering, etc.).

This consultation will enable you to check that your neighbour's application is complete, that the buildings he is planning are in fact those authorised by the planning permission and that he has complied with the planning regulations in force in your municipality. In addition, if the proposed building is located in a zone de protection du patrimoine architectural, urbain et paysager (ZPPAUP - architectural, urban and landscape heritage protection zone), the application must also comply with precise architectural specifications.

Contact an association and professionals

Once you are more aware of any irregularities in the project, you can contact a local residents' association, if there is one, or an association specialising in the protection of the living environment and the environment, if the construction is detrimental to your surroundings (air pollution, noise pollution, visual pollution, etc.).

It's also a good idea to contact the DDE (Departmental Equipment Directorate) and the CAUE (Architecture, Town Planning and Environment Councils). They can help you understand town planning documents.

Finally, you are strongly advised to make an appointment with a lawyer specialising in planning law (contact your local bar association for more information). This is not compulsory if you wish to lodge an appeal with the mayor or the administrative court, but planning law is complex and it will be difficult for you to draw up the application for cancellation of the planning permission on your own. On the other hand, you will need to take one if you are planning to take your case to the tribunal de grande instance to request repairs or the demolition of what has already been built.

Try to lodge an appeal with the mayor

Before going to court, you can lodge an informal appeal with the mayor. This is not compulsory, but it can be useful, as it interrupts the time limit for lodging a legal appeal (2 months from the first day the sign is posted on the site). This will give you time to build up your case. To exercise this right of appeal, you must send the beneficiary of the permit named on the notice board and the mayor who issued it (whose address appears on the notice board) a registered letter with acknowledgement of receipt expressly requesting that the permit be withdrawn. The mayor is supposed to reply within 2 months. If he fails to do so, your application is rejected.

Please note: if your neighbour has already started work, we advise you to take direct action before the administrative court. The courts will only be able to order the demolition of a property built in accordance with a permit if the permit has first been annulled by the administrative court, and not if it has simply been withdrawn by the mayor (law no. 2006-872 of 13.7.06).

Take legal action for cancellation

You have 2 months, from the 1st day the sign is posted on the site, to ask the judge to cancel the planning permission.. This period may be extended by the time taken to examine your request for an informal appeal to the mayor. To take your case to court, you need to submit an application (technically, an "recours pour excès de pouvoir") to your local administrative court. You must notify this application within 15 days by registered post with acknowledgement of receipt, both to the person who issued the permit (the mayor) and to the beneficiary (your neighbour), otherwise it will be deemed inadmissible.

Prove that you have an interest in taking action

First of all, you will need to demonstrate that you have what lawyers call an interest in bringing an action, otherwise your application will be deemed inadmissible without even having been examined on its merits. This interest is analysed by the judge according to a number of criteria, the most important of which are the distance between your home and the proposed construction, the size of the construction and the configuration of the site. For example, the judge will certainly accept your appeal if a very large shopping centre is being built 800 m from your home, if a wind farm is going to be visible from your windows, or if the bicycle garage in your condominium is going to be replaced by a dwelling. On the other hand, he will generally consider that you have no interest in taking action if your home is located beyond the noise, visual or olfactory range of the project, depending on the case.

When an association applies to have a planning permission annulled, its interest in acting is analysed in the light of its corporate purpose. The administrative judge also requires that the disputed operation takes place within the association's geographical area of activity. It is therefore unlikely that an association with a national or regional scope would be allowed to act against the planning permission issued to your neighbour, but a local residents' or neighbourhood defence association would. Note that a syndic can take legal action on behalf of a syndicate of co-owners to request the cancellation of a building permit (including that of one of the co-owners), but authorisation from the general meeting is required (art. 15 of law no. 65-557 of 10.7.65 and art. 55 of decree no. 67-223 of 17.3.67).

You need to know that an association can only seek the annulment of a building permit if its articles of association were filed with the prefecture before the permit application was posted at the town hall (art. L. 600-1-1 of the town planning code). This rule makes it possible to limit appeals by associations created for the sole purpose of acting against a permit.

Have the work suspended

If work has already started, you can request that it be stopped at the same time as cancelling the planning permission. To do this, all you have to do is lodge a special application with the administrative court: a "suspension petition". But for the suspension to be granted, you will need to prove both that the situation is urgent and that there are serious doubts about the legality of the planning permission (art. L. 521-1 of the Code of Administrative Justice). The judge must make his decision by means of a summary order within a period of one month (art. L. 600-3 of the Town Planning Code). If your application is rejected, you may appeal to the Conseil d'État within 15 days of being notified of the decision.

You need to know if your neighbour continues with the work despite the stop order, he is liable to a fine of €75,000 and 3 months' imprisonment (art. L. 480-3 of the French Town Planning Code).

If you suffer a loss, you can obtain compensation

If your neighbour's building causes you damage, you can claim compensation. There are different ways of doing this.

The building can be demolished

You have 2 years from the date of the final decision cancelling the planning permission (i.e. the decision of the administrative court, or the decision of the administrative court of appeal if there has been an appeal), to apply to the tribunal de grande instance for the building to be demolished.

To avoid being out of time, we advise you to take your case to the administrative court and the tribunal de grande instance at the same time. The latter will await the decision of the former before ruling on your case.

Before ordering demolition, the judge will check that it is too late for the building to be brought into line with the regulations, and that you can prove that you have suffered a direct and personal loss. Before going to court, you should have a bailiff visit the property to record the nuisance (noise, visual nuisance, loss of sunlight, etc.). It may also be useful to seek advice from a surveyor or architect.

You can be compensated

If the permit is deemed valid, or if demolition is impossible, you can still take civil action against your neighbour for neighbourhood disturbance in order to obtain damages.

You have 5 yearsfrom completion of the work.

However, you will need to show that your neighbour is at fault, and that this fault causes you direct damage (loss of sunlight, noise pollution, for example).

Property and construction

When you take delivery of the work carried out on your home, or shortly afterwards, you notice defects or lack of conformity.

The contractor must remedy any deficiencies.

The contractor has an obligation of result

To take action against the contractor, you do not have to prove fault on his part, just the existence of defects. The liability established by article 1147 covers defects in the materials used by the contractor, for example in the case of replacement windows, the windows themselves.

However, the contractor is not liable for minor defects or disorders, unless you have expressed reservations about them during or at the end of the works.

This is what was ruled, in particular, for aesthetic defects.

Acceptance of work :

This is a crucial stage, whatever the size of the project: once the work has been completed, it must always be handed over. This consists of going round the site with the contractor to detect any defects or non-conformities, and then signing an acceptance report. If the work is major, don't hesitate to ask an architect to assist you. If, at the time of acceptance, you find any apparent defects or problems that could have been detected by someone with no particular technical skills, you must mention these on the acceptance report. If you have not expressed any reservations, you will not be able to obtain compensation for any apparent defects.

The craftsman cannot absolve himself by referring you to the materials manufacturer. Similarly, he remains liable to you, even if he has used a sub-contractor for part of the work.

Amicable remedies

If you notice any defects during the works or when the work is handed over, report them to the contractor, verbally and in writing if he does not follow up.

If the defects have not been rectified by the end of the worksite, make written reservations on the document (the aforementioned acceptance report) that the contractor will ask you to sign, or, failing that, by registered letter with acknowledgement of receipt. Remind the contractor of the legal provisions governing his liability, and give him formal notice to take action within a specified period.

At the same time, to keep a bargaining chip in your hand with the contractor, refuse to pay the balance of the works in full, and keep a sum that you think corresponds to the cost of rectifying the defects, even though this is not provided for by law. When the contractor remedies the defects, pay him the balance of the price.

Withholding part of the price

By law, you can only defer payment of part of the price due to the contractor if this is provided for in the contract.

In practice, this is only the case for works of a certain size, and up to 5% of the agreed price. The sum withheld must be deposited with a third party (caisse des dépôts, bailiff, notary or bank), who will pay it back to the contractor once he has fulfilled his obligations.

If you notice any defects after the work has been completed and you have paid the bill in full, report them to the contractor by telephone or by letter, requesting that the work be resumed.

If he fails to respond or refuses your request, send him a letter by recorded delivery. Remind him of the defects that have been found, of his legal obligations, and give him formal notice to act within a specified time. If the contractor remedies the problems, everything will be back to normal.

At this stage, there is no need to incur costs by calling in an expert or a bailiff. Their findings will not be binding, either on the contractor or in court. It's better to try to take recourse through a third party, or even take legal action.

You should be aware that there are various construction guarantees:

  • The "perfect completion" guarantee : it covers defects discovered on acceptance or during the following year, i.e. defects resulting from poor workmanship or workmanship that does not conform to what was planned, with the exception of those attributable to normal wear and tear.
  • The biennial "good working order" guarantee: it covers equipment that can be separated from the dwelling for two years, i.e. equipment that can be removed without damaging the shell (taps, wall coverings, shutters, etc.).
  • Ten-year guarantee: It covers damage caused by defects that make the building unfit for its intended use (or render it uninhabitable) for a period of ten years. The ten-year guarantee only applies to building work and similar work: extensions, renovations and equipment that cannot be separated from the building (chimneys, etc.). Renovation or painting work, for example, is not covered by this guarantee.

Legal recourse in the event of a deadlock

You will need to determine the basis on which you are "suing" the contractor: ten-year liability or liability under ordinary law, because, according to case law, the two are mutually exclusive.

There are problems with my property. To what extent can I take legal action against the property developer?

In the case of a sale in a future state of completion, the selling developer retains control of the building until it is completed, and must declare acceptance in respect of the various builders.

Unconditional acceptance covers defects in conformity and apparent defects.

Acceptance only has an effect on the relationship between the builder, the client and successive purchasers. It has no effect on the seller's obligation to deliver to the purchasers a building that complies with the contractual stipulations.

The guarantee of perfect completion under article 1792-6 of the French Civil Code is owed to you, as the owner, by the builders, but does not apply to your relationship with the purchasers, of which you are one.

You should be aware that he is obliged to guarantee any apparent defects, but under the terms of art. 1642-1 of the French Civil Code (he cannot be released from this obligation until one month after taking possession).

A defect is considered to be apparent if it has not been detected by a normally diligent purchaser, who is not obliged to seek the assistance of a professional, carrying out basic checks. A defect must be considered to be hidden if it only becomes apparent when the property is used and occupied, or if it was apparent at the time of acceptance, but the full consequences and seriousness of the defect could not be measured at the time. In relations between the vendor and the purchasers, whether or not the defect is apparent must be assessed when the purchaser takes possession.

As the Cour de Cassation has ruled, defects in conformity, even if apparent, are subject to contractual liability and to the statute of limitations under ordinary law. The non-conformity of the goods delivered is assessed in relation to the contractual specifications. The concept of conformity or non-conformity is inherent in the obligation to deliver.

Like builders, vendors in a future state of completion are liable to successive owners of the building for proven fault in respect of interim defects.

A builder's ten-year guarantee can only be triggered when the seriousness of the damage is established or when proof is provided that it will occur within the ten-year period.

Recently, the Caen Court of Appeal, Civil Division 1, 6 June 2017, RG No. 14/03219 ruled along these lines.

Where the promise of sale indissociably designates spouses married under the community property regime as purchasers, the withdrawal of one entails that of the other, excluding any order to pay the penalty clause.

The Court of Cassation is consistent on this point; it recently ruled along these lines (Cass. 3e civ. 14-9-2017 no. 16-17.856 F-D).

The beneficiary of a preliminary contract has a right of withdrawal of 10 days from the day after either the first presentation of the letter notifying him of the preliminary contract, or the delivery of the deed (CCH art. L 271-1).

The legislation governing hand delivery to the purchaser at the notary's office was not yet in force at the time of the events in this case (CCH art. L 271-1, para. 3 and D 271-6), which explains why the withdrawal period did not run for the husband. Where there is more than one purchaser, it has already been ruled that the withdrawal of only one is effective: if one of the purchasers exercises his right of withdrawal, the contract is annulled (Cass. 3e civ. 4-12-2013 no. 12-27.293: Sol. Not. 2/14 inf. 29).

You should be aware that, as the promise lapses, payment of the penalty clause cannot be claimed from the co-purchaser who has not withdrawn, in this case you.

Medical liability

Any patient may request access to his or her medical records from a healthcare professional or a healthcare establishment.

Patients may access it directly or through a doctor they designate. Apart from the patient himself, this request may be made by the holder of parental authority (for minors), by the guardian (for persons under guardianship), and, under certain conditions, by his successor (in the event of the death of the person concerned), by the holder of parental authority (for minors), by the guardian (for persons under guardianship) or by any person (such as his GP, for example) designated as an intermediary by the user.

The medical file must be communicated within eight days of the request at the latest and within 48 hours at the earliest.

If the information is more than five years old, this period is extended to two months. This five-year period runs from the date on which the medical information was compiled.

Everyone has access to all information concerning their health, i.e. all data that is formalised and has contributed to the development and monitoring of diagnosis and treatment or to a preventive action, or has been the subject of written exchanges between health professionals.

This includes, in particular, examination results, consultation, operation, exploration or hospitalisation reports, therapeutic protocols and prescriptions, monitoring sheets, as well as correspondence between healthcare professionals, with the exception of information mentioning that it has been collected from third parties not involved in therapeutic care and information concerning third parties.

This information may be communicated in any form (paper, electronic medium, etc.). Communication in clear language (for example, by indicating the meaning of the codes used) must be consistent with the content of the records.

The request is addressed to the healthcare professional, the head of the healthcare establishment or the person designated by the latter for this purpose.

Applicants may choose to access the data either by consulting it on site, possibly with copies provided, or by sending the documents (if possible by recorded delivery with acknowledgement of receipt). The cost of providing these copies is borne by the applicant, but may not exceed the cost of reproducing and, where applicable, sending the documents.

Before any communication is made, the recipient of the request must check the identity of the person making the request (or the medical status of the person appointed as intermediary).

In your capacity as a beneficiary of a deceased person, you may access information concerning the deceased insofar as this data is necessary to ascertain the cause of death, to defend the memory of the deceased or to assert rights, unless the deceased has expressed a wish to the contrary.

You must therefore always state the reason for the access request.

Reasons must be given for any refusal by the doctor or hospital.

However, the issue of a medical certificate containing no information covered by professional secrecy cannot be refused.

In psychiatry - in the event of admission to psychiatric care for involuntary hospitalisation or at the request of a third party under duress - the holder of the information may consider that communication should take place through a doctor. In this case, the person concerned is informed. If the applicant refuses to designate a practitioner, the holder of the information refers the matter to the Departmental Commission for Psychiatric Hospitalisation. The applicant may also refer the matter to this commission. The Commission's opinion is notified to the applicant and the data holder and is binding on them.

Criminal law

An indictment is a measure that enables the examining magistrate to ensure that you will attend his or her summonses.

Indictments are reserved for the most serious offences

You must be called before the examining magistrate if you are suspected of having committed a crime.

For the the most serious offences requiring in-depth investigationYou may be brought before an examining magistrate if the Public Prosecutor so requests.

Whether you are summoned by the examining magistrate or taken directly to him by the police following police custody, you will be informed that you have the right to be assisted by a lawyer.

It is important to be assisted by a lawyer, as he or she will have access to the case file and will be able to give you crucial information. He will advise you on the defence strategy to adopt.

You should be aware that if you do not have a lawyer for the first examination, the judge will not be able to question you. However, if you make spontaneous statements, the judge has the right to take note of them and they may be used against you later.

If there is no lawyer present at the first interview, you are advised not to speak.

This leads me to explain the various options available to the examining magistrate:

You can :

  • keep quiet;
  • make spontaneous declarations ;
  • answer his questions.

Each option has its advantages and disadvantages. It is therefore advisable to have the support of a lawyer at this stage.

Keep quiet

Keeping quiet is the way to avoid damaging yourself by digging yourself deeper. Example: you deny the evidence, even though the evidence in the file is overwhelming. The judge will take you for a liar and will inevitably be harsher with you.

Keeping quiet also means not cooperating. This can be risky if the examining magistrate considers requesting that you be remanded in custody.

But if you don't have a lawyer, it's still best to keep your mouth shut.

Making unsolicited declarations

During the first questioning, you can give your version of the facts to the investigating judge in the form of statements. The idea is to cooperate by indicating to the judge that you agree to explain the facts, without playing the question-and-answer game of an examination for which you are not prepared.

This is often what people choose to do when there is a risk of detention, but they have not had time to familiarise themselves with the case file. For example, you are brought before the examining magistrate immediately after being taken into police custody and your lawyer has only had a few hours to familiarise himself with the case file.

Be careful! If you don't have a lawyer, making statements is risky. If your version doesn't fit with the evidence in the file, you'll be seen as a liar, and that's never very good in front of a judge.

Answering questions

This solution is by far the riskiest if you haven't had time to prepare for the interview.

It should only be used if you have been summoned to appear before the examining magistrate and have had time to prepare your defence with your lawyer.

If the judge is very familiar with the case, he or she will be sure to confront you with the evidence and look for contradictions.

The lawyer's role during the initial questioning will be to try to show that there are no "serious or corroborating" clues in the case against you that would enable you to avoid any judicial review and, above all, pre-trial detention.

If evidence is gathered, the issue at stake in the first appearance interview is what will be done with you during the investigation by the examining magistrate.

When you are summoned to appear before the examining magistrate, he or she has two options:

Putting you under investigation :

This is where the judge has "serious or corroborating" evidence against you.

It can officially notify you that you are "under suspicion".

As part of the investigation, you will have the right to participate by making requests for action: for example, you can ask for a particular person to be heard, request an expert opinion, etc.

If you are under investigation, the judge will be able to place you under judicial supervision, require you to wear an electronic bracelet or request that you be remanded in custody.

 

Place you under the status of witness :

In this case, the Judge has no "serious or corroborating" evidence against you.

However, it may consider that someone may report you or that there are indications that you may be involved in committing an offence.

You can then be assisted by a lawyer, have access to the case file and ask to be confronted with the people implicating you.

You cannot be placed under judicial supervision, wear an electronic tag or be remanded in custody if you have this status.

Family Affairs

Since 1 January 2017 (Law no. 2016-1547 of 18 November 2016 on the modernisation of justice in the 21st century, published in the Journal Officiel), and subject to certain conditions, spouses wishing to divorce by mutual consent will no longer need to go through the Family Affairs Judge.

An agreement drawn up between the spouses and their respective lawyers can be drawn up when they agree on the breakdown of the marriage and its effects.

The agreement must be filed with a notary.

However, when one of the spouses' children asks to be heard by the judge, the agreement must be submitted to the judge for approval.

The spouses do not have to state the reasons for the divorce.

They should contact their respective lawyers.

The lawyer will send a draft agreement to the spouse he is assisting by registered letter with acknowledgement of receipt. The draft agreement may not be signed by the spouses before the expiry of a 15-day cooling-off period from receipt. If one of the spouses signs the agreement before the 15-day period has expired, the agreement becomes null and void.

This agreement takes the form of a private document countersigned by each of the spouses' lawyers.

The agreement must then be filed with a notary, who will keep a record of it.

Filing the agreement with a notary confers certainty and enforceability on the agreement, i.e. the agreement is immediately applicable.

In principle, a spouse who retains the home belonging to the couple after the divorce owes an occupancy indemnity.

If, when they separate, the spouses retain ownership of their house or flat and neither of them buys out the other's share, they are in joint ownership of the property.

You have kept the property for yourself and are therefore liable to pay an occupancy indemnity.

Even if you don't occupy it, you will still owe this compensation, because you have a home that your ex-wife could also have benefited from, which could have been rented or even sold.

The indemnity is payable until the day on which the property is sold or divided (allocated to one or the other).

Costs relating to the use of the property (council tax, gas or electricity consumption, repairs, etc.) are borne exclusively by the person who has the property (C. civ. Art. 815-9).

 

PLEASE NOTE:

The spouse who occupies the property does not necessarily have to pay an occupancy indemnity, This claim can be offset against what is owed to him:

  • he has incurred expenses for the benefit of the joint ownership. For example, he has continued to repay alone the loan taken out by the couple to buy the house or flat;
  • the occupancy of the home is taken into account to reduce the payment of other compensation. For example, the Court of Cassation ruled that no compensation was owed by the ex-wife who had continued to occupy the house, because the alimony paid to her had been calculated taking into account the fact that she was living in the house.

Occupancy of the building may also be free of charge: the former spouses may decide to do so by mutual agreement, or a judge may, in view of the circumstances, take such an authoritative decision.

If no written agreement has been signed between the spouses or if no court decision has been handed down to prove that the occupation is to be free of charge, it is presumed to be paid.

The amount of compensation for occupancy may be set by mutual agreement between the joint owners. Failing this, it will be up to the judge to set the amount.

The judge will take into account the rental value of the property. The estimate must be made from the day on which the former spouse had exclusive use of the property.

Joint owners who have not claimed the compensation awarded to them by judgment have 10 years in which to take action to claim what is owed to them (C. exécution art. L 111-4). After that, they cannot enforce the decision. In any event, it is only possible to go back 5 years.

This is a limitation period. This period runs from the date of the judgment awarding compensation or from the date of the agreement reached between them and approved by the judge.

Estates and joint ownership

By anticipating your death, you can pay less inheritance tax, or even be exempt from it...

You are married with children

Anticipate the transfer of your estate by making a gift or a shared gift to your children. Each parent can give up to €100,000 tax-free to each of their children every fifteen years. You can combine this amount with a tax-deductible gift of money. Note that the limit is €31,865 (every 15 years) and that this works if the donor is under 80 and is making a gift to adult children or adult grandchildren and great-grandchildren.

Are you passing on a property? Separate the usufruct (use, i.e. the right to occupy it or collect rent) from the bare ownership (the walls, i.e. the right to dispose of it, for example to sell it). This process, known as dismemberment, is very attractive from a tax point of view. You can give your heirs bare ownership of a property while continuing to live in it. On death, the heirs recover the usufruct, free of inheritance tax. For the taxman, bare ownership of a property is worth less than when it comes with usufruct. What's more, the value of bare ownership varies according to the age at which you make the gift.

Why not set up a SCI?

It is also common for families, for example, to set up a Société Civile Immobilière (SCI) to facilitate the transfer of assets. When a family dies, shares in the company are passed on, which are easier to divide between several heirs than a property as such.

In the same way, joint ownership is possible, making it possible to optimise tax allowances without exceeding them.

You are married with no children

A gift between spouses increases the share inherited by the surviving spouse. It is very advantageous because it is totally exempt from duties. Only the deed drawn up at the notary's office involves any outlay of money.

This last living gift also avoids the surviving spouse having to share the estate with any heirs of the deceased, such as father, mother, brother or sister...

WHAT ABOUT CIVIL UNION COUPLES?

The only possible solution for those wishing to pass on part of their property to their PACS partner or cohabitee is to draw up a will in their favour, as a gift to the last surviving person is reserved for married couples. To protect the surviving partner, they will need to make provision for bequeathing all or part of their assets to each other, via a will for example.

 

You are single and have no children

If there is a will, unmarried people without children can bequeath their assets as they see fit and give preference to whomever they wish.

In the absence of a will, the father and mother, as well as the brother(s) and/or sister(s), inherit first. If some (or all) of the brother(s) and sister(s) are deceased, they are represented by their own children (nephews and nieces). In their absence, the estate is divided equally between the paternal family and the maternal family (uncles and aunts first, to the 3rd degree, then first cousins (4th degree), second cousins (5th degree). If there are no 6th degree relatives, the State inherits the estate.

When the beneficiary is a brother, sister, nephew, niece or more distant relative, the tax burden is very high.

 

SUCCESSION AND GIFT DUTIES AT 1 JANUARY 2017

The scale of inheritance and gift tax depends on the relationship between the donor and the deceased. It is applied to the share received by each beneficiary, after deduction of the inheritance and gift allowances in force, according to the tax administration and public finance websites.

 

Direct line (parents and children)

5% on the portion below €8,072
10% from 8 072 to 12 109
15% from 12,109 to 15,932
20% from 15,932 to 552,324
30% from 552 324 to 902 838
40% from 902 838 to 1 805 677
45 % on the portion above 1 805 677

Between spouses and civil union partners (for gifts only, as inheritances are exempt)

5% on the portion below €8,072
10% from 8 072 to 15 932
15% from 15 932 to 31 865
20% from 31,865 to 552,324
30% from 552 324 to 902 838
40% from 902 838 to 1 805 677
45 % on the portion above 1 805 677

Between brothers and sisters

35% on the portion below €24,430
45% beyond

Between relatives up to the 4th degree (nephews, uncles, first cousins, great-uncles, etc.)

55% for the whole

 

Other cases

60% for the whole

Please note: a disabled person is entitled to a specific allowance of 159,325 euros, which is added to the others.

If you are a single person with no children, you may want to consider life insurance.The capital of a life insurance policy is paid to the beneficiary on the death of the policyholder. The capital from a life insurance policy is paid to the beneficiary when the policyholder dies. In principle, this transfer is taxable, but there are a number of exemptions, as shown below:

Contract taken out before 20 November 1991

Premiums paid before 13 October 1998: no taxation

Premiums paid from 13 October 1998: deduction of 20 % on the taxable portion below 700,000 euros and 31.25 % on the taxable portion above 700,000 euros (after deduction of 152,500 euros).

Policies taken out on or after 20 November 1991 (premiums paid before the policyholder's 70th birthday)

Premiums paid before 13 October 1998: no taxation

Premiums paid from 13 October 1998: deduction of 20 % on the taxable portion below 700,000 euros and 31.25 % on the taxable portion above 700,000 euros (after deduction of 152,500 euros).

Policies taken out on or after 20 November 1991 (premiums paid after the policyholder's 70th birthday)

Death duties on the portion of premiums exceeding €30,500.

ACCEPTANCE OR WAIVER: NEW RULES FROM 1 NOVEMBER 2017

The succession option offers the heir three possibilities: accepting the succession purely and simply, accepting the succession up to the amount of the net assets, or renouncing the succession. The obligation to pay any debts owed by the deceased varies according to the option chosen and the steps to be taken. There are deadlines for choosing between the three options.

From this Wednesday, in the case of open estates, notaries will be able to receive renunciations of inheritance and declarations of acceptance of the estate up to the amount of the net assets (i.e. carry out the inventory, make a declaration of conservation of the property whose value will have been estimated in the inventory and proceed with the sale of the rest of the estate's assets).

Until now, these tasks have been the sole responsibility of the registrars of the regional courts (tribunaux de grande instance).

Road accidents and personal injury

Whether you are a pedestrian, cyclist, car passenger or driver, if you are injured in a road accident, you will be compensated.

If you are the driver, your compensation will depend on your responsibility in the accident and the cover you have taken out.

Bodily injury is compensated in full, except where the victim has :

  • deliberately caused their own injuries, for example by suicidal behaviour;
  • committed an inexcusable fault, the sole cause of the accident. However, this fault is not accepted if, at the time of the accident, the victim is under 16 years of age, over 70 years of age or suffering from a permanent incapacity or disability equal to at least 80 %.

The Badinter Act establishes a "right to compensation" for any victim of a road traffic accident involving a land motor vehicle.

Drivers are entitled to compensation for bodily injury unless they are at fault, which may limit or even exclude their right to compensation.

For exampleFor example, if a driver is travelling at excessive speed and is unable to take the evasive action that would have prevented the accident, his or her right to compensation may be limited or withdrawn.

Bodily injury taken into account for compensation purposes

The losses taken into account by insurers and civil courts are listed in a nomenclature known as the Dinthilac Nomenclature.

What are the procedures after a road accident?

Damages suffered by direct victims

Property damage :

  • temporary damage (before consolidation*)
  • permanent damage (after consolidation*)
  • current health expenses incurred as a result of the accident ;
  • miscellaneous expenses ;
  • loss of current professional earnings.
  • future healthcare costs ;
  • the cost of adapted accommodation and an adapted vehicle;
  • assistance by a third party ;
  • loss of future professional earnings ;
  • professional impact ;
  • educational, university or training disadvantages.

Non-economic losses

  • temporary damage (before consolidation)
  • permanent damage (after consolidation)
  • Evolving damages (other than consolidation)
  • the suffering endured ;
  • Temporary functional impairment corresponding to the temporary inconvenience suffered in carrying out normal activities;
  • temporary cosmetic damage ;
  • sexual harm.
  • permanent functional impairment: damage to physical and mental integrity (AIPP), permanent pain, loss of quality of life and permanent problems affecting living conditions, etc;
  • loss of enjoyment, due to the impossibility of continuing to take part in leisure activities that were regular activities before the accident;
  • permanent cosmetic damage ;
  • sexual harm ;
  • loss of hope and opportunity of achieving a family life plan because of the seriousness of the disability;
  • exceptional permanent damage (atypical damage directly linked to permanent disabilities, etc.).
  • all progressive pathologies, in particular incurable diseases likely to progress as a result of the accident.

The date of consolidation corresponds to the moment when the injuries have set in and become permanent, so that treatment is no longer necessary, except to prevent further deterioration.

Losses suffered by indirect victims :

  • in the event of the death of the direct victim
  • if the direct victim survives

They include funeral expenses, loss of income and miscellaneous expenses for relatives, loss of affection (emotional pain) and loss of companionship (emotional loss suffered by relatives during the traumatic illness until the death of the direct victim).

They include loss of income and miscellaneous expenses for relatives, loss of affection (emotional pain suffered by certain relatives at the sight of the suffering of the direct victim) and exceptional non-pecuniary losses.

 

How to claim compensation

Declaring the accident

As a general rule, to enable the compensation process to be set in motion, the victims of a road accident or the people accompanying them should, as far as possible, fill in a joint accident report.

The insurer of each vehicle involved in the accident must be informed promptly, within five working days at the latest. It is possible to make an initial declaration by telephone.

In his declaration, the insured or the person accompanying him must indicate the name and number of the insurance contract, specify the date, place and circumstances of the accident and, if applicable, the names and addresses of any witnesses.

The Irca agreement: the principle of direct compensation

The Irca agreement (Indemnification and Recourse for Bodily Injury in Motor Vehicles), concluded between insurance companies, is applicable in 90% of accidents.

It speeds up compensation for victims, because under this agreement, people injured in a vehicle are compensated directly by the civil liability insurer of the vehicle in which they were travelling.

Recourse between the various insurers is then based on the recourse rules set out in the same agreement.

The insurer's first letter to the victim

The insurer of the vehicle involved sends a letter to the victim informing them of their rights: they can obtain the police report free of charge, and have the assistance of a lawyer or doctor of their choice.

A questionnaire is enclosed with this letter. It covers, in particular, a description of the bodily injury, the professional activity, identification of dependants for tax purposes and third-party payers (social security bodies, mutual insurance companies, employers, etc.) required to pay benefits.

The victim must reply and return it within six weeks, failing which the deadline for the offer of compensation is suspended.

 

Medical examination

Depending on the seriousness of the injury, it is assessed either on the basis of documentary evidence or by a medical expert.

Coin-op opinion

This involves the assessment of bodily injury after examination of medical documents (initial medical certificate, certificates of time off work, treatment prescriptions, etc.) by a doctor appointed by the insurer. This practice only concerns very minor bodily injuries.

Medical expertise

If the bodily injury is not very slight, the insurer will arrange for a medical examination to be carried out by a qualified expert in bodily injury compensation. The expert will suggest an appointment at least two weeks before the examination. The victim may be assisted by a specialist of his or her choice. If the victim has taken out legal protection insurance, his insurer will be able to give him the name of a doctor.

After the examination, the expert appointed by the insurer has twenty days to send a copy of his report to the victim and, if applicable, to the doctor who assisted him.

Compensation

The offer of compensation

The insurer makes an offer of compensation to the victim. This offer must cover all elements of bodily injury, as well as material damage related to bodily injury or death (clothing, prostheses, etc.).

This offer of compensation may be reduced depending on :

  • the victim's responsibility in the accident (e.g. a driver who has committed a fault that reduces his or her right to compensation);
  • deduction of sums paid or payable by third-party payers (social security bodies, employers, supplementary health insurers, "driver's insurance" insurers, pension funds, etc.).

To find out how much compensation you will receive

The FVI file of compensated victims is managed by the Association pour la Gestion des Informations sur le Risque en Assurance (Agira).

The purpose of this file is to inform the public of compensation awarded to victims of road traffic accidents under decisions taken either by settlement agreement or by legal proceedings.

The addressee of the offer :

  • - the victim in general ;
  • - heirs in the event of death ;
  • - the partner linked by a PACS, the cohabitee, the spouse ;
  • - the legal representative and, depending on the case, the guardianship judge or the family council if the victim is a minor or a protected adult.

 

Deadlines for making an offer of compensation

The insurer must make an offer of compensation:

  • within eight months of the accident ;
  • within three months of the victim's request for compensation, unless it can justify that the damage has not been fully quantified or that liability has not been clearly established.

The offer period that is most favourable to the victim applies.

These deadlines are extended in two situations, when :

  • the insurer is not notified of the facts during the month following the accident or receives the information requested more than six weeks after the questionnaire was sent;
  • the victim refuses the medical examination.

If the insurer does not meet the deadline, the amount of the indemnity shall be increased by interest at double the legal interest rate for the period between the end of the deadline and the date of the offer.

 

The nature of the offer

The offer is :

  • definitive if the victim's state of health has been consolidated and the insurer has been informed of this within three months of the accident;
  • provisional in the opposite case. The final offer must be submitted no later than five months after the date on which the insurer is informed of the consolidation.

 

Acceptance of the offer

The victim who has accepted the offer receives the settlement no later than forty-five days after acceptance. After this deadline, the insurer must pay interest: for the first two months, at half the legal rate; thereafter, at double the legal rate.

Victims who have accepted the offer have the right to withdraw their agreement. In this case, they may withdraw their agreement within fifteen days by sending the insurer a registered letter with acknowledgement of receipt.

Discussing or refusing the offer

When they receive the offer, victims can think about it for as long as they wish.

If the victim considers the offer insufficient, he or she can either ask the insurer to make a new offer, or take the case to court. In the latter case, the victim will only receive full compensation at the end of the trial.

It is possible to take the case to court without waiting for the offer of amicable compensation.

In all cases, you should inform the insurer of your decision.

If the victim's condition worsens, he or she may submit a new claim to the insurer that paid the compensation. They have ten years from the date of the worsening of their condition to submit this new claim. However, it must not be a normal and foreseeable consequence of the victim's state of health at the time the compensation was agreed. In addition, it must be proven that the worsening of the condition is the result of the accident.

Personal insurance to cover compensation in the event of a road accident

To receive compensation for bodily injury, policyholders can take out several types of personal insurance: specific driver's cover or cover attached to the car insurance policy, life insurance, specific individual cover or cover attached to the comprehensive home insurance policy, personal accident cover, if it includes road accidents, and legal protection cover.

Legal protection cover

If the policyholder has legal protection cover (attached to their motor, multi-risk home or school insurance policy) or a specific policy that applies in the event of a road accident, their insurer can help by making a doctor or lawyer available to them.

Driver's guarantee

If the insured is the driver at fault in the accident, the insurer will compensate him for his loss in the same way as other victims, i.e. in addition to the social security contributions. However, the policy always sets a cover limit. It may also provide for excesses and the exclusion of certain items of loss.

If the insured is not the driver at fault, the insurer's compensation corresponds to an advance on the sums owed by the person responsible for the accident.

Other guarantees

Life insurance

Life insurance covers serious accidents. In the event of death, a lump sum is paid to the beneficiaries. In the event of disability, depending on the insurance contract, the victim will receive either an annuity or a lump sum.

Personal accident insurance

The amount paid out by the insurer depends on the choice of capital guaranteed at the time of purchase. The disability capital is paid in the event of total disability. If the disability is partial, the insurer pays a proportion of the lump sum based on the degree of disability. A scale appended to the policy specifies the percentages to be applied for each disability. Cover for medical expenses supplements the benefits paid by the social security body.

Within three months of the date of the claim, the insurer or representative making the claim must make an offer of compensation if liability is not disputed and the loss is quantified. Otherwise, it must send a reasoned reply within the same time limit.

If the insurer or its representative fails to make an offer or give a reasoned response within the time allowed, the claim may be referred to the Fonds de garantie des assurances obligatoires de dommages (FGAO), designated by France as the compensation body. Within two months of the claim being made, the FGAO will attempt to have the insurer or its representative take over management of the case. Once this period has elapsed, the FGAO will itself pay compensation in accordance with the law applicable to the accident.

The FGAO can also intervene if :

  • the vehicle responsible is not identified or is not insured ;
  • the insurer of the at-fault vehicle has not appointed its representative in France.

Practical advice

As soon as possible after the accident, report it:

  • your car insurer if you are a driver;
  • the insurer of the vehicle carrying you if you are a passenger;
  • your comprehensive home insurance provider in all other cases.

This is the case even if an official report has been drawn up by the police or gendarmerie.

If you send treatment forms to the Social Security, make sure you specify that it is an accident and indicate the date.

Put together your file, keeping the original or, failing that, a copy of all medical documents, Social Security statements and, where applicable, those of your supplementary insurance, proof of your expenses and a copy of all correspondence.

You must provide the insurer with documentary evidence of the damage you have suffered.

You can seek the advice of specialists (defence or legal protection insurers, etc.) or decide to be assisted by a doctor or lawyer. However, you may still have to pay the costs and fees of these people, unless you are covered by legal expenses insurance or, in the event of legal proceedings, by legal aid.

You can also get information or psychological help from your nearest victim support association.

Keep an eye on deadlines to speed up the settlement of your case.

Do not hesitate to contact the insurer with whom you reported the accident, your legal protection organisation or the lawyer you have instructed to defend your interests.

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