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French Law

A Quick Overview

A Quick Overview

France uses a civil legal system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judge interpretation in certain areas makes it equivalent to case law). Basic principles of the rule of law were laid in the Napoleonic Code. In agreement with the principles of the Declaration of the Rights of Man and of the Citizen law should only prohibit actions detrimental to society. As Guy Canivet, first president of the Court of Cassation, wrote about the management of prisons:

Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality.

That is, Law should lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy.

French law is divided into two principal areas: private law and public law. Private law includes, in particular, civil law and criminal law. Public law includes, in particular, administrative law and constitutional law. However, in practical terms, French law comprises three principal areas of law: civil law, criminal law and administrative law.

France does not recognise religious law, nor does it recognise religious beliefs or morality as a motivation for the enactment of prohibitions. As a consequence, France has long had neither blasphemy laws nor sodomy laws (the latter being abolished in 1791). However “offences against public decency” (contraires aux bonnes mœurs) or disturbing public order (trouble à l'ordre public) have been used to repress public expressions of homosexuality or street prostitution.

Criminal laws can only address the future and not the past (criminal ex post facto laws are prohibited) ; and to be applicable, laws must be officially published in the Journal Officiel de la République Française.

 

The Obligations of the Buyer

Art. 1650

The main obligation of the buyer is to pay the price on the day and at the place fixed by the sale.

Art. 1651

Where nothing has been fixed in this regard at the time of the sale, the buyer must pay at the place and at the time where and when delivery is to be made.

Art. 1652

The buyer owes interest on the price of the sale up to the time of the payment, in the three following cases:

Where it has been so agreed at the time of the sale;

Where the thing sold and delivered produces fruits or other incomes;

Where the buyer is under notice to pay.

In that last case, interest runs only from the notice.

Art. 1653

Where the buyer is disturbed or rightly fears that he will be disturbed by an action, either for a mortgage or for recovery of property, he may suspend the payment of the price until the seller has caused the disturbance to cease, unless the latter prefers to give security, or unless it was stipulated that the buyer will pay notwithstanding a disturbance.

Art. 1654

Where the buyer does not pay the price, the seller may apply for avoidance of the sale.

Art. 1655

The avoidance of a sale of immovables shall be ordered at once where the seller is in danger of losing the thing and the price.

Where that danger does not exist, the judge may grant the purchaser a period more or less long according to the circumstances.

Where that period expires without the buyer having paid, the avoidance of the sale shall be ordered.

Art. 1656

Where it has been stipulated at the time of the sale of immovables that, failing payment within the period agreed upon, the sale will be avoided by operation of law, the purchaser may nevertheless pay after the expiry of the period, so long as he is not given notice by a demand for payment; but, after that demand, the judge may not grant him any period.

Art. 1657

In matters of sale of commodities and movable effects, the avoidance of the sale takes place by operation of law, and without any demand, for the benefit of the seller, after the expiry of the period agreed upon for the removal.

The Obligations of the Seller

Art. 1602

The seller is obliged to explain clearly what he binds himself to.

Any obscure or ambiguous agreement shall be interpreted against the seller.

Art. 1603

He has two main obligations, that to deliver and that to warrant the thing which he sells.

Of Delivery


Art. 1604

Delivery is the transfer of the thing sold into the power and possession of the buyer.

Art. 1605

The obligation to deliver immovables is fulfilled on the part of the seller where he has handed over the keys, in case of a building, or where he has handed over the instruments of title.

Art. 1606

Delivery of movable effects is the outcome :

Either of a real delivery;

Or of the handing over of the keys of the buildings which contain them;

Or even of the sole consent of the parties, where the transfer cannot take place at the time of the sale, or where the buyer already had them in his power on another basis.

Art. 1607

Delivery of intangible rights is made either by handing over the instruments of title, or by the use which the purchaser makes of them with the consent of the seller.

Art. 1608

The expenses of delivery shall be charged to the seller, and those of removal to the buyer, unless otherwise agreed.

Art. 1609

Delivery shall be made at the place where the thing sold was at the time of the sale, unless otherwise agreed.

Art. 1610

Where the seller fails to make delivery within the time agreed upon between the parties, the purchaser may, at his choice, apply for avoidance of the sale, or for his being vested with possession, if the delay results only from an act of the seller.

Art. 1611

In all cases, the seller shall be ordered to pay damages, where the purchaser has suffered a loss because of the failure to deliver at the agreed time.

Art. 1612

The seller is not obliged to deliver the thing where the buyer does not pay the price of it unless the seller has granted him time for the payment.

Art. 1613

Nor is he obliged to deliver, even if he has allowed time for the payment, where, since the sale, the buyer [is under a judicial arrangement] or insolvent, so that the seller is in imminent danger of losing the price; unless the buyer gives him security to pay at the time-limit.

Art. 1614

The thing must be delivered in the condition in which it is at the time of the sale.

From that day, all the fruits belong to the purchaser.

Art. 1615

The obligation to deliver the thing includes its accessories and all that was designed for its perpetual use.

Art. 1616

The seller is obliged to deliver the capacity such as it is specified in the contract, subject to the modifications hereinafter expressed.

Art. 1617

Where the sale of an immovable was made with indication of the capacity, at the rate of so much for a measure, the seller is obliged to deliver to the purchaser, if the latter so requires, the quantity stated in the contract;

And if he cannot do so, or if the purchaser does not so require, the seller is obliged to suffer a proportionate reduction in price.

Art. 1618

Where, on the contrary, in the case or the preceding Article, the capacity is greater than the one stated in the contract, the purchaser has the choice to provide the surplus of the price, or to repudiate the contract, if the excess is one-twentieth above the capacity declared.

Art. 1619

In all other cases,

Whether the sale is made of a definite and limited thing,

Whether it has as its object distinct and separate tenements,

Whether it begins with the measure, or by the designation of the property sold followed by the measure,

The expression of that measure does not give rise to any increase of price, in favour of the seller for the excess of measure, or in favour of the purchaser, to any diminution in price for lesser measure, unless the difference between the actual measure and the one expressed in the contract is of one-twentieth more or less, with regard to the value of all the things sold, unless otherwise stipulated.

Art. 1620

In the case where, under the preceding Article, it is necessary to raise the price for excess of measure, the purchaser has the choice either to repudiate the contract or to provide the surplus of the price, with interest if he has kept the immovable.

Art. 1621

In all cases in which the purchaser is entitled to repudiate the contract, the seller is bound to return to him, besides the price, if he has received it, the costs of the contract.

Art. 1622

An action for an increase of price, on the part of the seller, and that for a diminution in price or for termination of the contract, on the part of the buyer, must be brought within the year, after the day of the contract, on pain of lapse.

Art. 1623

Where two tenements have been sold by the same contract for one and the same price, with the designation of the measures of each of them, and where there is less capacity in the one, and more in the other, set-off is made up to the amount due; and an action, either for an increase, or for a diminution in price, takes place only in accordance with the rules above laid down.

Art. 1624

The question of ascertaining upon whom, between the seller and the purchaser, falls the loss or deterioration of the thing sold before its delivery, shall be decided according to the rules prescribed in the Title Of Contracts or of Conventional Obligations in General.

The Various Ways Of How Ownership Is Acquired - The Nature and Form of Sale

The Various Ways Of How Ownership Is Acquired - The Nature and Form of Sale

The Nature and Form of Sale

Art. 1582
A sale is an agreement by which one person binds himself to deliver a thing, and another to pay for it.
It may be made by an authentic instrument or by an instrument under private signature.
Art. 1583
It is complete between the parties, and ownership is acquired as of right by the buyer with respect to the seller, as soon as the thing and the price have been agreed upon, although the thing has not yet been delivered or the price paid.
Art. 1584
A sale may be made outright or subject to a condition either precedent or subsequent.
It may also have as its object two or more alternative things.

Property and the various modifications of ownership

This is an excerpt of the French Code Civil Book II of  Property and the various modifications of ownership.

 

THE VARIOUS KINDS OF PROPERTY

Art. 516

All property is movable or immovable.

CHAPTER I - OF IMMOVABLES

Art. 517

Property is immovable, either by its nature or by its destination or by the object to which it applies.

Art. 518

Lands and buildings are immovables by their nature.

Art. 519

Windmills or watermills, fixed on pillars and forming part of a building, are also immovables by their nature.

Art. 520

Harvests standing by roots and the fruit of trees not yet gathered are also immovables.

As soon as crops are cut and the fruit separated, even though not removed, they are movables.

Where only a part of a harvest is cut, this part alone is movable.

Art. 521

The normal cutting of underwood or of timber periodically cut becomes movable only as the cutting down of trees proceeds.

Art. 522

Animals which the owner of a tenement delivers to a farmer or share cropper for farming, whether they are appraised or not, shall be deemed immovables so long as they remain attached to the tenement under the terms of the agreement.

Animals leased to other than farmers or share croppers are movables.

Art. 523

Pipes used to bring water into a house or other immovable are immovables and form part of the  tenement to which they are attached.

Art. 524

"Animals and things that the owner of a tenement placed thereon for the use and working of the tenement are immovable by destination" (Act n° 99-5 of 6 Jan. 1999).

Thus,

Animals attached to farming;

Farming implements;

Seeds given to farmers or share croppers;

Pigeons in pigeon-houses;

Warren rabbits;

Beehives;

"Fishes of waters not referred to in Article 402 [L. 231-3] of the Rural Code and of stretches of water referred to in Articles 432 and 433 [L. 231-6 and L. 231-7] of the same Code" (Act n° 84-512 of 29 June 1984); [now Articles L. 431-6 and L. 431-7 of the Code of the Environment]"

Wine pressers, boilers, stills, vats and barrels;

Implements necessary for working ironworks, paper-mills and other factories;

Straw and manure,

are immovables by destination where they have been placed by the owner for the use and working of the tenement.

All movables which the owner has attached to the tenement perpetually are also immovables by destination.

Art. 525

An owner shall be deemed to have attached movables perpetually to his tenement, where they are fastened with plaster or mortar or cement, or where they cannot be removed without being broken or damaged, or without breaking or damaging the part of the tenement to which they are affixed.

The mirrors of an apartment shall be deemed perpetually placed where the flooring to which they have been fastened is part of the panelling.

It shall be the same as to pictures and other ornaments.

As regards statues, they are immovables where they are placed in a recess designed expressly to receive them, even though they can be removed without breakage or damage.

Art. 526

The usufruct of immovable things;

Servitudes or land services;

Actions for the purpose of recovering an immovable,

are immovables by the object to which they apply.

CHAPTER II - OF MOVABLES

Art. 527

Property is movable by its nature or by prescription of law.

Art. 528

(Act n° 99-5 of 6 Jan. 1999)

Animals and things which can move from one place to another, whether they move by themselves, or whether they can move only as the result of an extraneous power, are movables by their nature .

Art. 529

Obligations and actions having as their object sums due or movable effects, shares or interests in financial, commercial or industrial concerns, even where immovables depending on these enterprises belong to the concerns, are movables by prescription of law. Those shares or interests shall be deemed movables with regard to each shareholder only, as long as the concern lasts.

Perpetual or life annuities, either from the State or private individuals, are also movables by prescription of law.

Art. 530

Any annuity established in perpetuity for the price of sale of an immovable, or as condition to a conveyance, for value or gratuitous, of an immovable tenement, is essentially redeemable.

A creditor may nevertheless regulate the terms and conditions of the redemption.

He may also stipulate that the annuity may be redeemed only after a certain time, which may never exceed thirty years: any stipulation to the contrary is void.

Art. 531

Boats, ferry-boats, ships, floating mills and baths, and generally all works which are not fastened to pillars and do not form part of a house, are movables: a seizure of some of these things may however, owing to their importance, be subject to certain special proceedings, as explained in the Code of Civil Procedure.

Art. 532

Materials coming from the demolition of a building, those gathered for erecting a new one, are movables until they are used by a worker in building operations.

Art. 533

The word movable, used alone in provisions of law or of man, without any other addition or designation, does not include ready money, precious stones, credits, books, medals, instruments of sciences, arts and professions, clothing, horses, carriages, weapons, grain, wine, hay and other commodities; neither does it include what is involved in a business.

Art. 534

The words furnishing movables include only movables intended for use and ornamentation of apartments, such as tapestries, beds, seats, mirrors, clocks, tables, china and other articles of such kind.

Pictures and statues that form part of the furniture of an apartment are also included therein, but not collections of pictures which may be in galleries or special rooms.

It shall be likewise of china: only that which is part of the decoration of an apartment is included under the denomination of furnishing movables.

Art. 535

The expression movable property, that of furniture or movable effects include generally every thing which is deemed to be a movable according to the rules above set forth.

Art. 536

A sale or gift of a house, with all that is found therein, does nor include ready money, or credits and other rights whose instruments of title may have been deposited in the house; all other movable effects are included.

CHAPTER III - OF PROPERTY IN ITS RELATIONS WITH THOSE WHO OWN IT

Art. 537

Private individuals have the free disposal of property which belongs to them, subject to the modifications established by legislation.

Property which does not belong to private individuals is administered and may be transferred only in the forms and according to the rules which are peculiar to it.

Art. 538

Ways, roads and streets of which the State is in charge, navigable or floatable rivers and streams, beaches, foreshore, ports, harbours, anchorages and generally all parts of French territory which are not capable of private ownership are deemed to be dependencies of the Public Domain.

Art. 539

All property without a claimant and a master, and that of private persons who die without heirs or whose successions are abandoned, belong to the Public Domain.

Art. 540

The gates, walls, ditches and battlements of fortified places and fortresses, are also part of the Public Domain.

Art. 541

It shall be likewise with lands, fortifications and battlements of places which are no longer fortified places: they belong to the State, unless they have been lawfully transferred, or ownership has been acquired by prescription against it.

Art. 542

Common property is that to whose ownership or revenue the inhabitants or one or several communes have a vested right.

Art. 543

One may have a right of ownership, or a mere right of enjoyment, or only land services to be claimed on property.

TITLE II

OF OWNERSHIP

Art. 544

Ownership is the right to enjoy and dispose of things in the most absolute manner, provided they are not used in a way prohibited by statutes or regulations.

Art. 545

No one may be compelled to yield his ownership, unless for public purposes and for a fair and previous indemnity.

Art. 546

Ownership of a thing, either movable or immovable, gives a right to everything it produces and to what is accessorily united to it, either naturally or artificially.

That right is called right of accession.

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