Your legal questions answered

Ideally before signing a lease, a sale agreement or a works contract, or as soon as a dispute arises: many French deadlines are short.

Yes, but as a rule the landlord must then pay the tenant an eviction indemnity equal to the loss caused by the refusal, unless there is a serious and legitimate reason or another case provided for by law.

Yes. A three-yearly review is possible, generally capped by the change in the applicable index unless local trading conditions have materially changed. An indexation clause can also provide for automatic adjustment.

Ten years from acceptance of the works. It covers defects that compromise the soundness of the building or make it unfit for its purpose.

The insurer must take a position within statutory deadlines after the claim is filed. If it fails to do so, the insured may, after giving notice, incur the costs needed for the repairs. A lawyer checks that the claim was properly made and that the deadlines were met.

Two months from notification of the minutes, for co-owners who voted against or were absent. The claim is brought before the court where the building is located.

Yes. The real estate department appears before the courts of Versailles, Paris and the whole Île-de-France region, and more widely across France.

Ten days, when a non-professional buyer purchases a home. The period runs from the day after the registered letter notifying the agreement is first presented, or after it is handed over. During this period the buyer can withdraw without giving reasons or paying a penalty.

The buyer has two years from discovering the defect to take action, and can ask for the sale to be cancelled or the price reduced. The exclusion clause often found in the deed does not protect a seller who knew of the defect, nor a professional seller.

Three warranties run from the formal acceptance of the works (réception): the warranty of perfect completion, for one year, covering all defects noted at acceptance or appearing within the year; the two-year warranty of proper functioning, for equipment that can be removed from the building; and the ten-year warranty (garantie décennale), for damage that compromises the structure's soundness or makes it unfit for its purpose.

Official source: Service-Public.fr (official page)

Acceptance is the act by which the owner declares that they accept the works, with or without reservations; it is usually recorded in a written report. Visible defects must be listed as reservations, otherwise they are in principle deemed accepted. Acceptance starts the statutory warranty periods and transfers custody of the works to the owner.

Official source: Service-Public.fr (official page)

The off-plan sale contract sets a delivery deadline or date and often late-delivery penalties, together with legitimate grounds for suspending the deadline (bad weather, contractor failure, etc.). You should check whether the reasons given by the developer are provided for in the contract and justified, send the seller a formal notice and, failing agreement, ask the court to apply the penalties or award damages.

Dommages-ouvrage insurance is compulsory for anyone who has construction works carried out. It provides pre-financing of repairs covered by the ten-year warranty, without waiting for a court to rule on liability. The insurer has statutory deadlines to take a position and then to make an offer; it subsequently seeks reimbursement from the liable builders and their insurers.

Official source: Service-Public.fr (official page)

A commercial lease is concluded for at least nine years. The tenant may in principle give notice at the end of each three-year period, at least six months in advance; some leases may however exclude this option (leases of more than nine years, single-purpose premises, offices, storage premises). The landlord can only end the lease at the end of a three-year period in limited cases provided for by law.

Official source: Service-Public.fr (official page)

A derogatory or short-term lease escapes the commercial lease regime for a total duration that may not exceed three years, including renewals. If the tenant remains and is left in possession more than one month after expiry, a new lease arises that is governed by the commercial lease regime, for nine years.

Official source: Service-Public.fr (official page)

Yes, in principle. Since the 2014 Pinel Act, the tenant of commercial or craft premises has a right of first refusal: an owner planning to sell must inform the tenant and offer to sell to them. There are exceptions, in particular for the sale of an entire building containing several commercial units, or a sale to the landlord's spouse, ascendant or descendant.

The lease must include a precise inventory of the categories of charges, taxes and fees, with their allocation between landlord and tenant. Some expenses cannot be charged to the tenant, in particular major repairs within the meaning of Article 606 of the Civil Code (main walls, vaults, entire roofs, retaining walls). Property tax (taxe foncière) can be recharged if the lease so provides.

Official source: Service-Public.fr (official page)

Claims based on the commercial lease regime are in principle time-barred after two years. This applies in particular to the tenant's claim for an eviction indemnity after a refusal to renew, which must be brought within two years of the date the notice or refusal took effect. This short limitation period is a frequent trap.

Official source: Service-Public.fr (official page)

The managing agent (syndic) first sends a formal notice. If it remains unanswered for thirty days, the year's provisional payments not yet due become payable and the syndic can apply to the president of the judicial court under an expedited procedure. The owners' association has security over the defaulting owner's unit, and a forced sale of the unit can be pursued as a last resort.

Official source: Service-Public.fr (official page)

The syndic is appointed by the general meeting of co-owners, by the majority required by Article 25 of the Act of 10 July 1965. To change syndic, the appointment of a new one must be placed on the meeting's agenda, together with competing draft contracts; the owners' council (conseil syndical) plays a central role in this competitive process. The outgoing syndic's contract ends on the date set by the meeting.

Official source: Service-Public.fr (official page)

Works carried out solely in the private parts are free, provided they comply with the building rules and do not affect the building's use or the other co-owners' rights. However, works that affect the common parts or the building's external appearance (load-bearing walls, façade, shared networks, etc.) require prior authorisation from the general meeting.

Official source: Service-Public.fr (official page)

The seller must provide a technical survey file whose content depends on the property: energy performance certificate, risk report and, depending on the case, asbestos, lead and termite reports, electricity and gas installation reports, and non-collective sanitation, among others. An energy audit is also required for the sale of certain of the least energy-efficient houses and single-owner buildings. In a co-ownership, specific documents are added.

Official source: Service-Public.fr (official page)

When the buyer states in the preliminary contract that the purchase is financed by a loan, the sale is concluded subject to obtaining that loan, and this condition cannot be set for less than one month. If the loan is refused despite applications made in accordance with the contract, the sale does not go ahead and the sums paid by the buyer are refunded.

Official source: Service-Public.fr (official page)

Once the non-professional buyer's cooling-off period has expired, the preliminary agreement (compromis) binds both parties: the party who pulls out may be compelled by the court to complete the sale or ordered to pay damages, often fixed by a penalty clause. In a unilateral promise, the seller can no longer withdraw during the option period, and a buyer who does not exercise the option generally loses the immobilisation fee.

Official source: Service-Public.fr (official page)

Yes: choice of entity, articles, shareholder agreements, commercial leases and employment contracts, in English or Spanish.

As soon as there are several shareholders, an agreement organises governance, entries and exits and how deadlocks are resolved, confidentially, which the articles of association do not always allow.

An amicable and confidential procedure, opened by the president of the court, in which a conciliator helps the business reach an agreement with its main creditors. It is available as long as the business has not been unable to pay its debts for more than 45 days.

A commitment by the seller, in the share purchase agreement, to compensate the buyer if a liability arising before the sale appears afterwards, or if an asset turns out to be overvalued. The cap, threshold, duration and security (bank guarantee or escrow) are all negotiated.

Not if the relationship is established. The French Commercial Code penalises abrupt termination: written notice must reflect the length of the relationship. Eighteen months' notice protects the terminating party from a claim for insufficient notice. Serious misconduct by the other party can justify immediate termination.

In both cases, shareholders' liability is in principle limited to their contributions. The SARL follows rules largely set by law and has at most one hundred members; its majority manager falls under the self-employed social security regime. The SAS offers great freedom in the articles of association to organise governance and the entry of investors; its president is treated as an employee for social security purposes. The choice depends on the project, taxation and how managers are paid.

For a SARL or an SAS, the amount of share capital is freely set by the shareholders and can be as low as one euro. For a public limited company (SA), the minimum capital is €37,000. Too little capital can however harm the company's credibility with banks and partners, and the capital should remain consistent with the needs of the business.

A sale of the business (fonds de commerce) covers the elements of the activity (clientele, name, lease, equipment); the selling company keeps its liabilities, and publicity and creditor-opposition formalities apply. A share sale transfers the company itself, with its assets and debts, which often justifies an asset and liability warranty. In companies with fewer than 250 employees, employees must in principle be informed of the sale beforehand.

A director may incur civil liability towards the company or shareholders for mismanagement or breach of the law or the articles, and towards third parties for a fault separable from their duties. They may also incur criminal liability, for example for misuse of corporate assets. In compulsory liquidation, they may be ordered to bear all or part of the asset shortfall if they committed a management fault that contributed to it.

The simplest solution is a negotiated buy-out of their shares. In an SAS, the articles may provide for an exclusion clause, provided its procedure is strictly followed. Where serious disagreement paralyses the company, a shareholder may ask the court for early dissolution on just grounds. Careful drafting of the articles and shareholders' agreement upfront avoids many of these deadlocks.

Save for exceptions, the agreed term may not exceed 60 days from the invoice date, or 45 days end of month if the parties have expressly agreed. Without agreement, the term is 30 days after receipt of the goods or performance of the service. Any delay triggers late-payment penalties and a fixed €40 indemnity for collection costs.

Official source: Service-Public.fr (official page)

After reminders, a formal notice sets out the claim. If it has no effect, several routes are available: the simplified procedure for small claims, handled by a judicial officer, for debts not exceeding €5,000; an order for payment (injonction de payer), requested from the judge by application; interim payment proceedings (référé-provision) where the debt is not seriously disputable; or a full action on the merits.

Official source: Service-Public.fr (official page), Service-Public.fr (official page) (2)

Between businesses, a supplier that draws up general terms of sale must provide them to any buyer who requests them for business purposes. They form the sole basis of commercial negotiation and must contain certain information, including payment terms and late-payment penalties. They deserve careful drafting, as they underpin the security of customer relationships.

Official source: Service-Public.fr (official page)

For contracts concluded since 1 October 2016, Article 1195 of the Civil Code allows a party to request renegotiation where a change of circumstances unforeseeable at the time of conclusion makes performance excessively onerous for it, if it had not agreed to bear that risk. If renegotiation is refused or fails, the parties may agree to terminate or ask the court, which may revise or end the contract. This rule can be excluded by a contractual clause.

Yes. The Civil Code gives electronic writing the same evidential value as paper, provided its author can be identified and its integrity is guaranteed. An electronic signature is valid if it relies on a reliable identification process; a qualified electronic signature under the EU eIDAS Regulation benefits from a presumption of reliability. Some deeds remain subject to specific formalities.

A business is insolvent when it can no longer meet its due liabilities with its available assets. The director must then apply to the court for the opening of insolvency proceedings within 45 days, unless they have requested conciliation within that period. A late filing can expose the director to sanctions, including a ban on managing a company.

Official source: Service-Public.fr (official page)

Safeguard (sauvegarde) is opened at the request of a business facing difficulties it cannot overcome but which is not insolvent; it aims to reorganise the business. Receivership (redressement judiciaire) concerns an insolvent business that can still be rescued, through a continuation or sale plan. Compulsory liquidation is ordered when rescue is clearly impossible: it ends the business and organises the sale of its assets.

Official source: Service-Public.fr (official page), Service-Public.fr (official page) (2), Service-Public.fr (official page) (3)

The ad hoc mandate is an amicable and confidential procedure: at the director's request, the president of the court appoints an officer to help the business negotiate with its main creditors or partners. It is reserved for businesses that are not insolvent. Its confidentiality protects relationships with customers and suppliers.

Official source: Service-Public.fr (official page)

The creditor must lodge its claim with the court-appointed creditors' representative within two months of publication of the opening judgment in the BODACC (four months if established outside mainland France). After that, it can no longer share in distributions unless it obtains relief from the time bar, which must be requested within a limited period. It is therefore essential to monitor publications concerning one's customers.

Obligations arising between traders, or between traders and non-traders in the course of trade, are in principle time-barred after five years, like ordinary personal actions, from the day the right holder knew or should have known the facts enabling them to act. Shorter periods apply in some areas, for example two years for a professional's claim against a consumer for goods or services supplied.

EU judgments generally circulate without exequatur. Other judgments must be declared enforceable by a French court.

Within the European Union, the Brussels II ter Regulation mainly looks to the spouses' habitual residence. Several courts may have jurisdiction, and the choice of the court seised first can have major consequences.

As a rule, the law of the State of their last habitual residence, under the European Succession Regulation, unless they chose French law, the law of their nationality, in a will.

In France, the European Rome III Regulation lets spouses choose the applicable law: that of their habitual residence, of the nationality of either spouse, or of the court seised. Failing a choice, it is generally the law of their common habitual residence when the court is seised. The applicable law can change the financial outcome.

Within the European Union, it circulates with the certificate provided for by the Brussels II ter Regulation. Outside the EU, recognition is not guaranteed, as some countries require a court decision. When a spouse lives abroad or owns assets there, this must be checked before choosing the procedure.

Outside the European Union and in the absence of a treaty, the French court checks three conditions: the dispute has a genuine connection with the foreign court's country, the decision complies with international public policy, in substance and procedure, and it was not obtained by fraud. The French court does not retry the case.

A divorce decision given in another EU Member State (except Denmark) is recognised in France without any special procedure. A decision given outside the EU normally takes effect in France if the foreign court had jurisdiction, the decision does not breach international public policy and it was not obtained by fraud. To have the divorce recorded on a French national's civil status records, a verification of enforceability is requested from the public prosecutor in Nantes.

Official source: EUR-Lex

For couples married since 29 January 2019, EU Regulation 2016/1103 allows them to choose the applicable law (that of the nationality or habitual residence of either spouse). Without a choice, the law of the first common habitual residence after the marriage applies, failing which that of the common nationality or of the country with which the couple has the closest connection. Earlier marriages are governed by other rules, notably the 1978 Hague Convention for marriages celebrated since 1 September 1992.

Official source: EUR-Lex

Act quickly. Between States party to the Hague Convention of 25 October 1980, a parent can request the immediate return of a child wrongfully removed or retained, through the central authority (in France, the Ministry of Justice) or directly before the court of the country where the child is. When the application is made less than one year after the removal, return is in principle ordered, save for limited exceptions. A criminal complaint can also be filed.

Official source: HCCH

Yes. Within the EU, Regulation 4/2009 generally allows a maintenance decision to be enforced in another Member State without an exequatur procedure, and organises cooperation between central authorities. With many other countries, the Hague Convention of 23 November 2007 facilitates the international recovery of maintenance. The steps depend on the country where the debtor is.

Official source: EUR-Lex

For courts in the European Union, the law applicable to maintenance obligations is determined by the Hague Protocol of 23 November 2007: in principle it is the law of the creditor's habitual residence, but a spouse may object where the law of another State has a closer connection with the marriage. The spouses may also choose the applicable law, within certain limits. The French compensatory payment (prestation compensatoire) is covered by these rules.

Yes. The EU Succession Regulation, which applies to deaths since 17 August 2015, generally subjects the whole estate to the law of the State of the deceased's last habitual residence, but allows anyone to choose, in a will, the law of their nationality. Since 2021, where the applicable foreign law does not provide for a reserved share for children, the children may, under certain conditions, claim a compensatory levy on assets located in France.

Official source: EUR-Lex

Created by the EU Succession Regulation, this certificate allows heirs, legatees and executors to prove their status and rights in the other Member States bound by the Regulation without further formalities. In France, it is issued by a notary. It makes it easier, in particular, to access bank accounts and transfer assets located in several EU countries.

Official source: EUR-Lex

Usually, yes. The Hague Convention of 5 October 1961, in force in France, recognises the formal validity of a will that complies in particular with the law of the place where it was made, the law of the testator's nationality, domicile or habitual residence, or, for real estate, the law of the place where it is located. Its content, however, depends on the law applicable to the succession.

Generally, no. In civil and commercial matters, the Brussels I bis Regulation abolished exequatur for judgments given in proceedings instituted since 10 January 2015: the judgment is enforceable in France on production of a copy and a certificate issued by the court of origin. Similar rules exist in family matters. The losing party may, however, apply for refusal of enforcement in limited cases.

Official source: EUR-Lex

An apostille is a formality provided for by the Hague Convention of 5 October 1961, which replaces legalisation for public documents circulating between States party to it: it certifies the origin of the document (signature, capacity of the signatory, seal). It is not required between countries exempted by an agreement; within the European Union, a regulation exempts many public documents, such as birth or marriage certificates, from legalisation and apostille.

Before French courts and authorities, documents in a foreign language must in principle be accompanied by a translation, usually made by a sworn translator registered with a court of appeal. Within the European Union, multilingual standard forms can avoid translating certain civil status documents. It is worth checking the requirements before paying for translations.

In principle, the courts of the State where the child is habitually resident have jurisdiction over parental responsibility. This principle derives from the Brussels II ter Regulation between EU Member States and from the Hague Convention of 19 October 1996 with the other States party to it. Exceptions exist, in particular in cases of wrongful removal of the child or where the parents agree on another court.

Official source: EUR-Lex

A marriage celebrated abroad in the local form is in principle valid in France, provided the substantive requirements (age, consent, no prior marriage) are met. When one spouse is French, the marriage must be transcribed into the French civil status registers, through the relevant consulate, to be effective in France; formalities are also required before the marriage.

Since 1 January 2021, EU regulations (jurisdiction, recognition of judgments, maintenance) no longer apply to new proceedings between France and the United Kingdom. The international conventions to which both countries are party now apply, in particular the Hague Conventions of 1980 on child abduction, 1996 on child protection and 2007 on the recovery of maintenance, together with each country's national rules.

Official source: HCCH

As a rule, two years from the event giving rise to the claim, with specific rules on interruption. This deadline should be monitored from the moment the claim is notified.

The time limit is set by the policy but cannot be less than five working days from when the policyholder becomes aware of the loss. It is two working days for theft, and no later than thirty days after publication of the natural disaster order. Late reporting only leads to loss of cover if the policy so provides and the delay caused harm to the insurer.

Official source: Service-Public.fr (official page)

First obtain the reasons for the refusal in writing and check the policy clauses relied on. A complaint can be sent to the insurer's complaints department and then, if the answer is unsatisfactory, to the insurance ombudsman, free of charge. The court can then be seised. Beware of the two-year time limit for claims against the insurer, which can be interrupted in particular by a registered letter.

Official source: Insurance Ombudsman (La Médiation de l'Assurance), Service-Public.fr (official page)

No. The Insurance Code requires exclusions to be formal and limited, meaning drafted clearly and precisely without emptying the cover of its substance, and to appear in very conspicuous characters in the policy. An ambiguous or overly general exclusion may be set aside by the court. It is for the insurer to prove that the conditions of the exclusion are met.

An intentional misrepresentation of the risk, at inception or during the policy, renders the policy void where it changed the subject of the risk or reduced the insurer's assessment of it; premiums paid are retained by the insurer. If the misrepresentation was not intentional and is discovered after a loss, the indemnity is reduced in proportion to the premiums paid compared with those that would have been due.

For motor and home insurance, as for some other policies covering individuals, the policyholder may cancel at any time after the first year, free of charge; cancellation takes effect one month after receipt of the request. Borrower insurance can be cancelled at any time. Otherwise, cancellation normally takes place on the annual renewal date or for a reason provided by law (moving house, change of circumstances, etc.).

Official source: Service-Public.fr (official page), Service-Public.fr (official page) (2)

Yes, if the policy so provides. The insurer must then give one month's notice, and the policyholder may, within the following month, cancel the other policies taken out with the same insurer. The portion of the premium for the period no longer covered must be refunded. Specific rules apply depending on the type of policy.

Official source: Service-Public.fr (official page)

The assessment is often based on the report of the expert appointed by the insurer. The policyholder may be assisted by their own expert for a joint assessment; some policies cover the expert's fees. If disagreement persists, the policy may provide for a third expert, and the court can order a judicial expert assessment. The two-year time limit for claims must be monitored.

Natural disaster cover, included in property insurance policies, applies when an interministerial order recognises a state of natural disaster. The loss must be reported no later than thirty days after publication of the order. The insurer must pay an advance within two months of receiving the estimate of losses or of publication of the order, and the indemnity within three months. A statutory excess remains payable by the policyholder.

Official source: Service-Public.fr (official page)

Between insurers, water damage in buildings is largely handled under an industry agreement (the IRSI convention), which designates the insurer responsible for managing the claim, often the insurer of the occupant of the damaged premises for the most common damage. This agreement organises claims handling between insurers but does not deprive the victim of their rights against the person responsible. The loss must be reported to one's own insurer, with a joint report form where possible.

Many professions are subject to compulsory professional liability insurance, including health professions, regulated legal professions, estate agents and insurance intermediaries. In construction, builders must take out ten-year liability insurance, and the project owner must take out dommages-ouvrage insurance. For other activities, professional liability insurance remains strongly recommended.

Yes. Before the policy is concluded, the insurance distributor (insurer, broker or agent) must identify the customer's demands and needs and offer a policy consistent with them, providing clear information on the product. A breach of this duty can give rise to liability if the customer ends up inadequately covered because of unsuitable advice.

The borrower can switch borrower insurance at any time, provided the new policy offers equivalent cover. The health questionnaire is abolished for home loans where the insured share does not exceed €200,000 per person and the loan ends before the borrower's 60th birthday. The right to be forgotten means certain cancers or hepatitis C need not be declared five years after the end of treatment without relapse.

File a complaint with the police or gendarmerie, report the theft to the insurer within two working days, and gather proof of the value of the items (invoices, photos, valuations). Cover conditions vary between policies: some require signs of forced entry or specific security measures. Compensation is calculated according to the policy terms, with or without deduction for wear and tear.

Anyone who thinks they may be the beneficiary of a life insurance policy taken out by a deceased person can query AGIRA free of charge, which forwards the request to insurers. Once the required documents are received, the insurer has one month to pay the capital, failing which late-payment interest is due. The beneficiary in principle has ten years to act from the day they learned of the death.

Yes. A person who has suffered damage has a direct action against the liability insurer of the person responsible, without having to sue that person first. The insurer can rely on the policy's limits and exclusions against the victim, except where the law provides otherwise, notably in compulsory motor insurance.

The firm has offices at 3 rue de Marly, Versailles, and 25 avenue George V, Paris 8th. Its lawyers are admitted to the Versailles and Paris bars.

Yes. Several lawyers work in English, Spanish and German, and the firm has correspondents in 29 countries through the IAFL and IGAL networks.

Fees are agreed in a written fee agreement before work starts: hourly, fixed or retainer, sometimes with a success fee. We give you an estimate at the first meeting.