A protective and pedagogical solution for tenants and landlords in light of current events and law, focusing on safety and balance in lease agreements.
Extract
[...] Court of Cassation, Criminal Chamber, 6 February 2024, no. 23-82.428 - Endangering others - Detailed Plan The contours of the landlord's particular safety obligations clarified A justified condemnation of the landlord owner who is a debtor of obligations concerning the roof of the building - 223-1 CP: endangering - one of the preliminary conditions of this offense = presence of a particular obligation of prudence/security "objective, immediately perceptible and clearly applicable without personal appreciation of the subject." Legal basis on this general text + articles 6 of law n° 89-462 of July (general obligation to deliver a decent dwelling) and 1°, of decree n° 2002-120 of January (characteristics of a decent dwelling) - Taking into account the nature of the obligations, particular obligations, not general ones. [...]
[...] the landlord the texts/obligations placed on him are quite clear/precise No personal interpretation admitted - Advantage: the quality of the texts - respect for the principles of accessibility and intelligibility of the law - The landlord cannot therefore appreciate or even interpret the text. He is imposed a specific and imperative obligation of safety/hygiene - What about the judge's power of appreciation? If the answer is the same for the judge, would he play the role of a robot? [...]
[...] What about AI? II- A protective solution for the tenant as well as logical A welcome, pedagogical, protective solution for the tenant - A welcome solution in light of current events (unscrupulous landlords + lawsuits against Ministers) link current events/law - Warning solution for landlords - judge as educator with rejection of any threat to safety/health + restoration of balance in the lease agreement. [...]
