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is there a Duty of Care law in France?

is there a Duty of Care law in France?
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Answered in 2 hours by:
8/14/2013
TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 831
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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TKenney, Ph.D. :

Hello, in French law, there is no explicite notion of duty of care as in American law. However, in French law there is an implicite duty of care, for example a legal obligation to execute a contract in good faith (French contract law) and also a legal obligattion for someone who causes a fault or injury (to a person or property), to repair that fault/injury (this is article 1382 of the French civil code). These are the legal sources that are often used in French law for duty of care.

TKenney, Ph.D. :

There are also specific laws, for example for people under gadianship, minors under the the care of a person of authority, teachers, care providers, etc...

Customer:

What about if they (the company) have not kept to their side of the Contract? In this case a letting agency have not looked after my friend's apartment and are refusing to release the contract until it terminates naturally. I am trying to find out if my friend can terminate the contract before the due date because of the terrible state of their apartment. This would possibly seem to be covered in your reply, but I'm not certain.

Customer:

I should explain that the apartment was not cleaned after each tourist let (ski resort) and broken items were not repaired/replaced. This clearly over a long period of time.

TKenney, Ph.D. :

Not keeping one's side of the contract is breach of contract, not executing the contract in good faith as I mentionned above.

TKenney, Ph.D. :

Your case can also use specific French law under French renting laws. Your friend must carefully read the contract he/she signed and see what the contracts provides for termination of contract.

TKenney, Ph.D. :

The broken items that were not repaired/replaced clearly sounds like a contratual problem too. You must see what the contract provides. Also if there was an inventory this could help. Normally the agencies have the clients sign an inventory of the property and the condition of the property.

Customer:

The contract has dates and they say they won't cancel the contract without notice by registered letter 3 months ahead of the date of the contract which is in May - after another ski season! Obviously my friend does not want them anywhere near their apartment - this is years of neglect! The contract is from 2007

Customer:

However my friend would obviously like to rent their apartment themselves, but this seems to be fobidden in the contract! Having your cake and eating it springs to mind!

Customer:

I would still like to know how far we can push the agency, given that they have broken their side of the Contract but are trying to enforce the owner's side! They are a big company with in house lawyers, so we don't want to end up in trouble.

TKenney, Ph.D. :

If you would like to push the agency, the burden of proof is on you. You must find a fault that they committed and this fault must have caused you injury (to your property or to yourself) and use article 1382 of the French civil code and/or you must use the pertinent clause(s) of the agreement you signed with the agency. It is forbiddend for French lawyers to be in house lawyers. French lawyers have an obligation to be independant. The agency may have a litigation department with jurists. However, if you have the proper proof, then there is nothing to worry about ven with their iin house jurists.

TKenney, Ph.D. :

As for advising you, please understand that it is against the JustAnswer policy to advise customers on this website. This site allows for a general response that will help you with your legal issue. If necessary, for specific advice contact a local French attorney. While I am indeed a French lawyer in Paris, again on this website, I am just a French law expert answering questions on French law and on my free time. I did not advise you, I just answered your question in accordance to what you can do under French law.


In fact, in order for me (or any lawyer, solicitor, or barrister) to counsel someone and tell them what they should do, I would need to see him/her (in person or on the phone), see all his/her documents, see all his/her evidence, get all the facts, understand the whole situation, ask a lot of questions, and establish a formal attorney client relation. In fact, the Just Answer disclaimer clearly states the following: "Posts are for general information, and are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), and do not establish a professional-client relationship." No attorney client relationship has been formed.

TKenney, Ph.D. :

I hope this helps you.


Please do not forget to rate positively my answer otherwise I will not get compensated for my work. The general information provided CANNOT replace the personalized advice one can expect of an attorney/client relationship.

Customer:

thank you, XXXXX XXXXX my question perfectly. :)

TKenney, Ph.D. :

I am glad I was able to answer your question. Please do not forget to rate positively my answer otherwise I will not get compensated for my work.

Customer:

I don't understand. I already did rate your answer. I will rate it again however

TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 831
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
Verified
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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 831
831 Satisfied Customers
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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