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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 89
Experience:  11 years experience as judge at Paris Industrial Tribunal
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Situation. Court case in Senegal under French Law. I know

Customer Question

Situation. Court case in Senegal under French Law. I know that Local laws may skewed or bribary may enter into it. We were proceeding against Danielle for Fraud and Compensation, However she died just before the case was due. She was going to work alongside Joanna in the running of the project. Danielle wanted to go into the project with Jo on a 50/50 basis. Danielle would contribute her land and Joanna would buy the goods.    She said that she would pay for 50% of the goods, and Joanna would buy 50% of the land. It was originally accepted by Danielle that there was no time schedule for when the land would be paid for, as Joanna had no money, and also accepted that Joanna’s land in Ngarigne would be accepted in part payment. Joanna did to this end put 7 plots of land in the name of Danielle and two in the name of her husband Balla. It is documented that there is a GIE in existance with three members . Danielle is Director of the GIE, Jo is the Accountant, and Balla is the third without position, as there must be a third member. The GIE is still in existence although not operating. Danielle although giving verbal and written admission that she no longer wants to participate in the GIE or the project, did not officially and legally leave the GIE and so is still a member. Danielle has since died (last week) and her daughter has inherited this asset/liability. Questions. 1. If her daughter wants to buy us out what is due/ a) no payment for the land as Jo has not paid Danielle for it yet, and the plots of land in . . . Ngarigne have been transferred back into Joanna’s name. b) Payment in full for the costs of the products at purchase plus installation costs or c) Payment for products in todays used condition. plus d) Payment for any Betterment of the land. Pools, Bar, Toys. House 2. Timeframe. Would she be liable a) Only up to the date at which she participated in the decision as to what was to be .. constructed and to the way in which the project was to be run and these joint decisions . were put into effect, or b) for the total costs to date, even though Danielle did not agree to them, as Jo was bound to run the business in the best way possible as the GIE was still in effect. c) Especially would this include any alterations undertaken necessitated by compliance with .. the local legislation, in order to be allowed to operate. d) (Would this include wages. And Jo.s wages) Or, is there a further commitment 3). Asset/ Debt Inheritance. I believe she inherits the Asset with its liabilities, and therefore she inherits half the debts, and if she wants to buy Jo out she needs to pay for all the Debts, or Loans. Is that right? Liable for all the projects debts over and above the value of the land., i.e. what the project owes to Mrs. Landau re construction, (probably excluding the house, although could the house be considered in lieu of wages or salary for Jo and means of living, since she was receiving no income from the project nor wages, she therefore needed to be housed. So could the housing be taken in part payment in lieu of wages? Is she liable for half the losses since the company has been running at a loss which has been supplemented by me as a loan to the company? Is she responsible to pay Jo arrears wages?

Submitted: 2 years ago.
Category: French Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.
Please continue searching
Customer: replied 2 years ago.
Please continue searching, currently the project is being run on land that belongs to Danielle.

My other cases are under British law so I would not need assistance in French law to apply for assistance under French law for your subscription offer.
Customer: replied 2 years ago.
Please continue searching. But the refund of the extra fee for immediacy of answer might be returned to me.

To clarify, Originally the agreement of participation of 50 /50 was Danielle's land and Joanna's purchase of installations. Joanna has purchased the installations but currently the project is being run on land that belongs to Danielle, who has not registered Joanna's interest on the land documents..

My other cases are under British law so I would not need assistance in French law to apply for assistance under French law for your subscription offer.
Customer: replied 2 years ago.
A French expert was showing with impressive credentials. Was he not right for this field of legal matter?
Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

I need the answer so am inclined to wait. Can you please explain the difficulty of why no-one is available to answer. And Will you kindly refund the extra charge for speedy answer?


Janet Landau


 

Expert:  Nicola-mod replied 2 years ago.
Hello Janet,

I have to be honest and say I am not sure why there is no answer. It could be because Senegalese law is not exactly the same as French law and our French law experts simply do not know the correct answer, and don't want to give a partial or inaccurate reply.

Please let me know how much you wish to be refunded and I will be able to arrange that for you. Of course, if you do not receive any answer then we can refund the full amount on request.

Thank you,
Nicola
Customer: replied 2 years ago.
Please ask your experts what aspect they find unanswerable. Maybe it is not the most crucial part to decide whether to pursue the case.
You ask what I wish refunded. What I wish refunded at present is the difference between your charges for a rapid response and your charges for a non urgent response, as Iyou will agree that I have had to wait some time. However a slow response is better than no response.
Thank you.
Janet Landau
Expert:  Nicola-mod replied 2 years ago.
Hello Janet,

The difference is not something I can quantify as it is you who sets the question price, so please let me know how much you would like refunded and I will do so.

Although I have sent this question to our Experts I have not received any feedback about it.

Thank you,
Nicola
Customer: replied 2 years ago.
I cannot see the charge table but I think it was an extra £20 for a speedy reply. I would appreciate this refund,
Do you think that the difficulty in finding an expert to deal with this matter is because it is too long or involved to answer?
Please continue searching
J. Landau
Expert:  Nicola-mod replied 2 years ago.
Hello,

I have made the partial refund.

I can only apologise as I have not been given any reason for the lack of answer.

We will continue to search for a Professional to assist.

Thank you,
Nicola
Customer: replied 2 years ago.
Thank you Nicole I appreciate your message, and the refund.
I look forward to your finding someone to respond to the legal questions.

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