Protection of Property Rights Against Illicit Occupation

Extract

[...] Next, two new offenses are created. The first aims to punish the occupant without right or title in itself, assimilating it to theft, and the second sanctions the sleep merchants who claim to be the owners of a property for the purpose of renting it. Finally, the text provides for the mandatory introduction of a clause for termination of the lease in case of non-payment of rent. It also reduces the procedural deadlines and those that the judge can grant to the tenant to regularize their situation.doc and 18). [...]

[...] Subsequently, the legislator adopted several laws that allow the protection of property rights in this matter. The DALO law of 2007, in its article 38, thus provides a possibility to have occupants without right or title to the property expelled by the prefect from their homedoc. 6). The law of 23 November 2018 also strengthens the anti-squatting device by removing the benefit of the winter truce for occupants who entered the home by force. Also, the ASAP of 7 December 2020, extending notably the protection against squatters to secondary residencesdoc. [...]

[...] Le squat, as for it, refers to the fact of introducing oneself illicitly into the home of another against the will of the latter, outside the cases provided for by legislation ( [...]

[...] Then, the conflict between the right to property and the right to housing remains, considered by the Constitutional Council as a constitutional value objectivedoc. that the illegal occupants can perfectly claimdoc and 14). The Constitutional Council, by a QPC decision of 24 March 2023, very clearly rules in favour of property rightsdoc. 10). However, the Defender of Rights had the opportunity to give her opinion and consider that this legislation does not manage to guarantee a fair balance between, on the one hand, the rights of illegal occupants and, on the other hand, the rights of property ownersdoc. [...]

[...] In accordance with the law of 24 June 2015, in the case of a complaint filed within 48 hours of the introduction into the premises and the discovery of the illegal occupation by a judicial police officer, the expulsion of the squatters by law enforcement may be requested without necessarily obtaining a judicial decisiondoc. 15). II. The protection of property rights relatively strengthened Today, the protection of property rights is relatively strengthened. The new legislation of 27 July 2023, although innovative is perfectible A. The innovations of the law of 27 July 2023 In the face of the inadequacies of the previous laws ( [...]