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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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My Neighbour has neglected his property to the point where

Customer Question

My Neighbour has neglected his property to the point where it has collapsed causing my interior wall to be subject to the elements and damaging my new roof. What is the situation regarding liability under French law. Many thanks
Submitted: 3 years ago.
Category: French Law
Expert:  Thegonnec replied 3 years ago.
This will really depend on how things are locally. But the general idea is that your neighbor is most likely civilly liable for the damages to your property. You should first contact your insurance company. They will mandate an expert and contact your neighbor civil liability insurer.
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience: 11 years experience as judge at Paris Industrial Tribunal
Thegonnec and other French Law Specialists are ready to help you
Customer: replied 3 years ago.

I am loathe to contact my insurer on the grounds that liability for negligence is an accepted fact in any democracy and is, or should be, actionable in law. I fail to see that any action taken on my part depends on how things are locally and have to suffer increases in insurance premiums as a result of making a claim. I ask therefore if you are able to supply the reference to the relevant civil code relating to property/liability as I fear the matter will need to go to tribunal for a resolution. Many thanks

Expert:  Thegonnec replied 3 years ago.
If you contact your insurer, you risk no increases in premium as only your neighbor's responsibility is to be blamed. Your insurer will deal with his insurer who will in turn against him. Meanwhile you will get indemnified by his insurer.
When I wrote that one would need to see "how things are locally" is that actions to be taken are not necessarily the same depending on whether you share a "mur mitoyen"or two independent walls, one of which collapsed damaging yours.
To answer your specific question regarding the articles of law governing liability: Art 1382, 1383, 1384 and 1386 of Code civil.
To file a law suit against your neighbor on these grounds, you will need to seize the local Tribunal de Grande Instance. You will need to instruct an avocat (lawyer) to assist and represent you in the proceedings.

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