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This page is intended to keep our nonresident contacts informed of pertinent legislative developments or new legal precedents concerning international affairs which may impact their operations and require preemptive action.

Published on Wednesday 22/10/2014

The Cour de cassation (French supreme court) recently reminded that French notaires have an obligation to inform the parties to a contract, the extent, the consequences and the risks of the contracts he drafts. In this case, the Cour de cassation sentenced a notaire who had not invited his non French-speaking client to require the assistance of an interpret during the signature of the contract (Cass. 1e civ., May 13th, 2014, n° 13-13.509).

 

When the office drafts a contract for a non French-speaking client, we make sure he has a complete understanding of the situation by:

 

-          Drafting a preliminary study from a legal and tax point of view. Clients are advised to submit this study to their councils in the country of residence in order to check the local consequences of their project,

 

-          Drafting under our liability, an explained summary of the contract which will be annexed to the contract in French. This allows to lower the translation costs while keeping the client perfectly safe, and to make sure that the client fully understands the contract he signs.

 

These documents are translated into the language chosen by the client (translations in English are done by the office; professional translators are required for other languages).

 

This is done according to a letter of engagement signed prior to the beginning of our mission.

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Tags : Apartment Family office International law Loan Personal wealth Real estate investment Rental Sale Société civile immobilière/SCI


Published on Thursday 13/06/2013

The change of use of dwelling premises in Paris, its suburbs and cities of more than 200,000 people, is subject to a special permit.

The Court of appeal of Paris (24 May 2011 n° 10/23802) confirms that seasonal rentals of furnished premises are only deemed dwelling premises for the needs of Article L631-7 of the French construction and dwelling code (Code de la construction et de l'habitation), if the lease complies with Article L632-1 of the same Code (rental of furnished premises of at least one year as the tenant's main home).

In other terms, it means that seasonal rental of an apartment triggers a change of use requiring a special permit. If such a permit is not obtained, the buyer can be charged a fine of 25,000 € with an obligation to restore the dwelling use of the apartment by the president of the court if the attorney general (Article L651-2 of the same Code). The lease is null and void (Article L631-7, last paragraph).

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Tags : Rental Apartment Real estate investment


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The interdisciplinary expertise of the Selarl Bruno Bedaride, notaire in Paris covers the following areas: corporate law, international contracts law, legal and tax advice, advice for international transmission, real estate law, family office, real estate and company finance law. We offer more particularly our services to non residents or foreign company who wish to invest, move or create a business in France.