Court of Cassation, expulsion deadline, inhabited premises, property rights, protection of home, anti-squat law, forced execution, domicile, housing rights
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Abstract
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Abstract
The Court of Cassation extends the application of the two-month waiting period for expulsions affecting inhabited premises, balancing property rights and protection of the home.
Extract
[...] Efficiency cannot be absolute. On the anti-squat law: the fear of an infringement on the DT of housing. The acceleration of PCDs for expulsion may reduce the possibility of effective judicial control. The doctrine criticizes, in particular, the reduction of deadlines. - Centrality of JEX THERY : highlights regularly the central role of JEX in guaranteeing individual freedoms control of expulsion conditions is an essential mission of JEX. JEULAND : JEX is a judge of liberties just as much as a technical J. [...]
[...] It is published in the Bulletin * In this sense confirmation of the material criterion of the consecrated home. Subsequently, the Court of Cassation maintains a constant JP line. - Pv summary of appreciation of facts - Confirmation that protection applies from then on, since the local constitutes the domicile real of the occupant, even in atypical contexts (mixed local, occupations without dt or title, precarious convention) ? 19-25.197: Confirmation of the effective places is sufficient to trigger legal protection, regardless of the contractual qualification ? [...]
[...] Beyond that, there is a risk of precariousizing the solution. Roughly speaking, you have to break down the door. But some people manage to open the door without breaking it? if the person succeeded, it is not possible to qualify the means of fact. The removal of the 2-month delay cannot be applied unless concrete element . * JP on the situation particular of occupations by means of fact or aggravated squat. ? The law of July "anti-squat" (the legislator has taken into account the strict JP) pursues a clear objective, namely to facilitate the expulsion of occupants without right or title, in particular in squat situations: - Acceleration of expulsion procedures. [...]
[...] Execution becomes 'second trial', slowing down the effectiveness of the dt recognized. On the anti-squat law : Susceptible of restoring the effectiveness of the TEX, limiting dilatory strategies . ? CEDJ Hornsby v Greece: right to execution for the C ?ECHR Matheus v France : Pcd of expulsion insufficiently respectful of the rights of the notably due to excessive delays. - Risk on the effectiveness of execution * Risk of instrumentalization of the home Certain authors point out that the protection based on effective occupation can be invoked opportunistically, notably in mixed situations Critique focuses on the absence of strictly defined criteria, the possibility of strategic use of protection, an increased tension with the right to property ? [...]
[...] Court of Cassation, Civil Chamber January 2020, No. 18-23.975 - Must the deadline for expulsion be respected for the actually inhabited premises, when these same premises have been occupied in contradiction with the agreement for provision which provided exclusively for a specific activity? Court of Cassation, Civil, Civil Chamber January 2020, 18-23.975, Published in the bulletin « My expulsion from the family home appeared to me as a first step leading me involuntarily towards my own disappearance. » The Lisières (2012) by Olivier Adam. [...]
