Category: Legal

Corruption can occur in many different ways, for example, it can be active or passive, public or private. In all cases, it represents conduct that is liable to severe criminal prosecution, as it is considered a serious act. Maître Antoine Beraud, a lawyer at the Marseille Bar, explains in this article the characteristics of corruption and the penalties incurred. Definition of corruption The Criminal Code defines corruption in Article 435-1 as the act of “soliciting or agreeing, without right, at any time, directly or indirectly, to offers, promises, gifts, presents…

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In the event of a divorce, one of the parties may apply for a compensatory allowance from the other party. This application is possible if there is a difference in the standard of living between the former spouses following their divorce. In this article, Mr. Antoine Beraud, a lawyer at the Marseilles Bar, explains the characteristics and the various modalities inherent to this compensatory benefit. What is meant by compensatory allowance? The compensatory benefit, also called compensatory indemnity, is an aid paid by one of the ex-husbands to the other…

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In principle, a contract of employment must always be in writing, it is a matter of course. The reason is that verbal agreements are difficult to prove in cases of doubt or dispute. That said, employment contracts do not take into account all the details of employment. They often refer to the terms and conditions of collective agreements, company rules or the law. In principle, the parties also have freedom of design in terms of content. However, according to Convention.fr – the specialist in company/employer compliance since 2003 – there…

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Are you facing a separation? If the situation is already delicate, emotionally speaking, you will also have to solve various problems and make decisions. This is particularly the case if you have children, you will have to determine where they will live, the conditions of access… In some cases, the parents agree and everything goes well, while in others, conflicts prevent progress… It is therefore advisable to call on a lawyer specialising in family law, such as Antoine Beraud, a well-known lawyer at the Marseille bar. Finding an agreement for…

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The notions of breach of trust and fraud are very often confused by the vast majority of the public. However, these two concepts are nevertheless different and are to be distinguished, particularly in legal matters, as explained to us by Antoine Beraud, a renowned lawyer of the Marseilles Bar Association for 39 years. Let us discover in detail what differentiates fraud from breach of trust. What is a swindle? According to the Penal Code (paragraph 1 of article 313-1), fraud is defined as “the fact, either by the use of…

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You receive a very important reminder of charges, is it possible to contest it? Frédéric-Pierre Vos, founding lawyer of LVI, answers this question of real estate law. Can the owner send a reminder of charges concerning several years? In principle, charges are regularised annually, but as there is no penalty, the owner can decide to claim three years of recoverable charges under the Allure law. However, the tenant may contest this amount if he considers that the charges are not recoverable or that the amount appears excessive. What are recoverable…

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Are you victims of noise pollution? Dogs barking, a hi-fi system screeching, loud parties, heel impacts, etc. You can’t take it anymore and you wonder what to do in this kind of situation? Frédéric-Pierre Vos, a business lawyer and founder of LVI, explains the procedure to follow. What are the noises concerned by noise pollution? These are noises caused by physical persons such as shouting or high heels. They are also noises caused by objects such as a musical instrument or a piece of household equipment. Finally, it can be…

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While this profession was extremely compartmentalized and regulated to the extreme, the Macron law wanted to unlock this entire system and allow young notaries leaving school to set up on their own and thus allow the creation of new offices. Especially in rural areas where an administrative desert is tending to loom; at the same time the medical desert is already well advanced. The profession of notary was very often a “family” profession, where one inherited the office from one’s father or mother. Maître Frédéric Ducourau understands the difficulty at…

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When you’ve been living with someone for a while, you may feel the need to bond with them, but also to have insurance and a way to better manage your life together. Of course, there is the traditional marriage for this, but it is not for everyone. Too strong symbolically, marriage is a symbol that not everyone necessarily wants to join, for a variety of reasons. What’s more, the matrimonial regime imposed by marriage, although it is possible to modulate it, is not necessarily ideal and can be restrictive. In…

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Setting up a health practice is quite different from setting up a sole proprietorship. Indeed, in addition to the diplomas, the approach and the respect of many rules. According to the INSEE study, the number of medical practices in France has been gradually decreasing over the last 20 years. Personal practices are closing to the benefit of large medical companies with more than 10 employees. And for good reason, the process of creation is lighter for large health practices such as SARL or SAS. Nevertheless, this evolution of the sector…

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