Frequently asked questions about Immobilier

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Following unpaid rent, I obtained the judicial termination of the lease and an eviction judgment. The accommodation is in Martinique. Can the tenant benefit from the "winter break" from November 1st?

Pursuant to Article L.412-6 of the Code of Civil Enforcement Procedures (CPCE), the winter truce which suspends any execution of an eviction extends from November 1 to March 31 of the following year in Metropolitan France. But in Guyana, Guadeloupe, Martinique, Reunion Islands and Mayotte, the period of suspension of…
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Following the death of my mother, I inherited her apartment. I wish to sell it. What is the acquisition value to be used in order to determine the amount of the real estate capital gain?

The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).
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I own a small house in the countryside in addition to my apartment in the city. Can I give it to my minor grandchild?

Yes. In order for the donation to be validly filed, in addition to the fact that it must be established by a notary, it is essential that the beneficiary accepts the latter (art. 932 C. civ.). When the beneficiary is an unemancipated minor, accepting a donation unencumbered by charges, which…
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Following unpaid rent, I obtained the judicial termination of the lease and an eviction judgment. The accommodation is in Martinique. Can the tenant benefit from the "winter break" from November 1st?

Pursuant to Article L.412-6 of the Code of Civil Enforcement Procedures (CPCE), the winter truce which suspends any execution of an eviction extends from November 1 to March 31 of the following year in Metropolitan France. But in Guyana, Guadeloupe, Martinique, Reunion Islands and Mayotte, the period of suspension of…
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To acquire our future property, my friend and I must take out a mortgage. The deadline for the fulfillment of the suspensive condition is approaching and for the time being, we have only obtained an agreement in principle from our banker(...)

... Can we consider that our loan has been granted ? No. As the legislator did not define the concept of obtaining a loan, the Court of Appeal specified that it corresponds to "the presentation by a credit agency of a firm and unreserved regular offer corresponds to the characteristics…
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