The seller's liability in case of defect

1 – Under what conditions can we invoke the implied warranty?

The seller remains liable after the transaction, housing defects that were hidden at the time of sale, when they "make the property unfit for the use it was destined or so impair that use the acquirer n ' would not have made the decision to purchase, or at least not at that price, if he had knowledge "(Article 1641 Civil Code). Conversely, the seller is not liable for defects that were apparent (Article 1642). Case law judge and are latent defects: the presence of termites or asbestos in housing, lack of foundation, the existence of underground quarries generating instability of the frame, the lack of connection to the public drainage wastewater, or noise pollution caused by insufficient thickness of walls.

2 – The seller may be relieved of responsibility?

The seller can clear themselves by inserting in the deed of sale a clause stating that it will not be required to guarantee the buyer in case of defect. These clauses, found in most deeds, are only valid if the seller is a non-professional and is in good faith. Such is the case, for example, a seller who did not know the day of the sale, the presence of mérules (wood-rotting fungi) in the beams of his house, since the diagnostic technique that had commissioned was not one mention.

However, the vendor apparent bad faith can not invoke this clause, for example when he blocked and painted floors and baseboards to conceal the presence of termites, or has done work to conceal cracks affecting the structure of the frame. Attention, even if the seller does not commit any act of concealment, it can be considered in bad faith when it is aware of the defect and that he did not notify the purchaser.

3 – What might the seller in case of discovery of a latent defect?

If the vendor is found liable for hidden defects by the judge, the purchaser has the option, request cancellation of the sale or reduction of its price (sections 1644 and 1646 of the Civil Code). If he chooses the cancellation of the sale, the seller must refund the purchase price and notary fees. If it chooses a price reduction, it is for an expert to determine the amount. The seller in bad faith can also be ordered to pay damages (Article 1645 Civil Code). Attention, the action in warranty against hidden defects must be brought within two years after the discovery of the defect (Article 1648 Civil Code). It is the vendor to prove that the discovery of latent defects occurred more than two years before the introduction of the lawsuit.

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First historic loss for Credit Agricole

 

For the first time in its history, Crédit Agricole SA ended the year 2011 in the red. This loss of 1.47 billion euros is due to a double effort: trying to balance the Greek crisis and adaptation to the new world of banking.

"The Greek situation continued to deteriorate throughout the year. Emporiki, the local subsidiary of the group, saw its operating losses increase, "says the group in a statement. In total, the cost of the Greek crisis did go up in smoke 2.4 billion euros in 2011. It had already cost the green bank over two billion euros the previous two years. Positive, the group has managed to reduce by half the level in nine months of Emporiki refinancing by its parent.

The second part of the bill, presented to the regional, for adapting to the new world of banking. In this respect, John Paul Chifflet, the general manager, did not choose the half-measure. Its vast battle plan, unveiled last December, resulting in 2.5 billion euros in provisions and impairments on acquisitions too aggressive fast cash now. In parallel, the mutual bank will embark on a diet, mainly driven by the Corporate and Investment Banking (CIB). For this subsidiary, lost $ 150 million over the years, adapting to post-crisis world through the sale of portfolios, the removal of 1750 positions and the withdrawal of twenty-six countries. The adaptation plan costs nearly 500 million euros in the bank.

Cumulative, Greece, impairment in the fourth quarter and the adaptation plan dug accounts of Crédit Agricole SA of 4.4 billion euros. These losses do not yet call into question the soundness of the Credit Agricole group, based on fieldwork of the regional banks. They have not fallen in 2011 with a cumulative profit up 3.6% to nearly 4 billion euros. The Crédit Agricole group as a whole shows and an annual profit of 812 million euros, against 3.6 billion in 2010. The group has a solvency ratio of the nails in the European requirements to 9.6%.

The Paris daily reprieve in Normandy

 

The new, bad, is not yet official but could be announced to employees on a works council to be held Monday, February 27: Paris Normandy could file for bankruptcy. According to the union SNJ, the regional newspaper, owned by Hersant Media (GHM), after considering a social "scale" would be forced into this solution and, more broadly, the entire division titles Norman Group Hersant Media, which includes, besides Paris-Normandie, Havre Free daily newspapers, Le Havre-Presse and The Progress of Fecamp, and their weekly supplements.

The direction of DRG does not comment. But the situation of his pole Norman is actually very difficult. The paid circulation daily Paris-Normandie has dropped 23% since 2006 to just 52,606 copies at last count of OJD. That of other securities decreased by 26% in five years.

"We fear to a social minimum, at worst a bankruptcy filing," said the AFP-Benoît Marin Curtoud, delegate from Paris to Normandy SNJ.

Discussions with the Belgian Rossel

While DRG is continuing discussions with the Belgian group Rossel to create a joint venture of leading regional dailies in France, the pole Norman seems to be a final hurdle before the conclusion of an agreement. According to the SNJ, the Company Norman publishing and printing (SNPEI), which publishes such titles and employs 365 employees including 114 journalists have registered last year a deficit of EUR 2 million and annual sales of around 40 million.

For the Hersant Media Group, which has already had to close last November Comareg (Released Sold) resulting in the heaviest social of 2011 in France (1650 employees), the liquidation of Paris Normandy would be a second crushing defeat.

The temperature drops, sales climb Damart

 

The sudden blizzard that hit on France warms accounts Damart. Sales of underwear Thermolactyl, the fiber's flagship brand, jumped with negative temperatures: + 255% in distance selling and + 155% in-store. This is much better than other products that have received a boost from the cold wave. According Climpact, sales of creams have increased by 86%, while soups recorded an increase of 25%.

At Darmart, we do not shout victory, however. This excellent performance indeed occur after a mild winter, and consequently very bad for business of specialist cold weather. The brand claims to have suffered less Roubaix this winter too lenient than the competition. "February sales have not saved the season, because we can not recover in two weeks what is lost in three months, said Christine Pageot, executive director of Damart France. But however much it helps start the spring season. "

Each degree Celsius worth its weight in gold in the hot underwear. "From late September, the correlation is very strong between temperature and sales of underwear," says Christine Pageot. These flows especially in October and April, the lowest month, where sales have reached only the fifth best month, December.

Two new concepts to shop

Sales are very responsive to temperature: a drop of ten degrees can be doubled. "The weather and the trappings are flocking orders: the windshield of the car he must scratch, the first appearance of gels," says Christine Pageot payday loans for self employed.

The Thermolactyl, invented in 1953, still accounts for one quarter of sales of the brand (350 million euros last year). The fiber was invented street Dammartin Despature by three brothers, a family of clothiers based in Roubaix since 1850.

In a little less than sixty years, the garment house has changed. The plants are parties in Tunisia, the fiber has evolved into a more silky material and odorless, and lace patterns or trends were established.

If the distance selling is still the majority of sales (55%), the 80 stores in France are the subject of much attention. Two new concepts were launched in 2010 and 2011. First the Damart Sport, with a shelf lined underwear adapted to intensive sport or relaxation, fibers made from breathable or more drinks, designed for summer. Then the Happy D., specially dedicated to the senior client. The favorite of the sign, because it buys for the whole family. Five shops offer ready-to-wear in a style more suited to the "new senior". The early returns are positive. But it is too early to take stock: the new shops did not know the summer season. See you next winter

.

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Greek MPs are tightening their belts a little

 

"Kleftes! Thieves! "The insults burst forth in the processions of anti-austerity protesters in the streets of Athens these days. The Greeks win against a political class accused of making no sacrifice while officials have seen their wages blend of 20% and expects the same treatment as private sector employees. MPs in particular are accused of refusing to lower their pay by 10% at the height of the crisis in 2011.

"Until now, politicians have not been transparent about their incomes and citizens suspect that considerable sums are spent for miscellaneous expenses, or that MPs employ family members as assistants," says Nick Malkoutzis a, journalist with the daily Kathimerini.

The Easter bonus deleted

MEPs, however, made a few sacrifices. The 13th and 14th month salaries were eliminated, as in the rest of the civil service in 2010. Last July, the attendance fee paid for participation in a meeting of the 34 parliamentary committees was reduced to 150 euros, against 245 euros before. Premiums Easter, Christmas and holidays have been removed, additional taxes created. These measures have melted the monthly salary of 3375 euros per head on average, according to elected officials.

Parliament said today that the gross monthly salary now stands at 8,221 euros, 4,231 euros after taxes. Are aligned with the highest salaries of public service. In comparison, a French MEP wins 5189.17 euros net. Still, the Greek Parliament plans to spend 34.2 million euros in 2012 for salaries, including bonuses and other compensation. What assure members a sum of 9500 euros per month, plus office and secretarial included.

The difference, ultimately, does not seem huge with the situation before rigor sets. Last December, Parliament has in fact published on its website, for a few days, the tax returns for 2009 of 300 MPs. It was to answer charges of opacity.

Income gaps

Salaries, allowances, current accounts, real estate, and other financial transactions in this document. It shows that in 2009, elected a ten won more than 9,000 euros per month through its sole parliamentary activity. What must be added, for some, a second salary (in Greece, one elected is entitled to retain his original job posting) as well as income potential spouse. Then the gaps widen between the richer members of the assembly (six of them earned more than 33,000 euros per month) and more modest, saying some 2,025 euros monthly income for their household.

"While the debate on the wages of 300 Deputies Greek is symbolic. They represent only three thousandths of the state budget. But the political class has missed the opportunity to cut its own salaries along with those officials, two years ago, analyzing the Greek-Swiss historian Nikolas Bloudanis. It would have been a symbolic gesture extremely important. "Times are changing: this week, for the first time, an elected, Dora Bakoyannis, head of the small liberal party New Democracy (four members), has proposed halving the salaries of parliamentarians .

How much do Greek political leaders

George Papandreou. Photo credits: JOHN KOLESIDIS / REUTERS

Asian stock markets are diving into the red on Tuesday. As in Europe and on Wall Street, investors are still worried by the problems of sovereign debt hitting the euro area and the United States. France is again threatened by Moody's AAA rating, which places her under surveillance increased and Spain is still attacked on the bond markets, despite the political transition of the weekend.

The disappointment is great after the "super-committee" responsible for the debt of the United States, which announced Monday not to have reached an agreement between left and right. The twelve members of the joint committee were responsible for the deficit of 1200 billion and had until midnight Wednesday to address their recommendations. President Barack Obama assured that the United States were not at risk of default.He said he was determined to keep the pressure on elected officials and threatened to veto any attempt by Congress to mitigate the budget cuts that are now automatically take effect.

Standard & Poor's and Moody's reported that U.S. credit rating would not be affected by the failure of these discussions. But Fitch said it would take by the end of a decision on the consequences of the failure of the "super-committee".

"Big disappointment" expected by Japan

In Japan, the new lock worried. Japanese Minister of Finance, Jun Azumi, fears a "big disappointment" of markets. The negative effect is felt at least on the Tokyo Stock Exchange, which leaves 0.40% to 8314.74 points at closing.

To a "big bang" tax after the presidential

The tax is sure to be one of the main themes of the campaign. First question of democracy: the French have always been upset with the tax. This is not new. But now they no longer understand the meaning. Taxpayers do not know why they are not taxed when the money from. They wonder if they are "just" dizzy and taxed at the constant changes in the foot of the state, making our tax system totally unpredictable, unreadable, and therefore ineffective.How many French know they will pay for the first time this year a portion of their housing tax for inter-municipal, that is to say, of municipalities, they know nothing? How many business owners know exactly how much they will pay in lieu of professional lataxe, removed last year in favor of two new taxes? Reconcile with the citizen taxpayer is more than ever an imperative, when the both of them were again tempted to exile.

Question of economic efficiency then. One can only be struck by the complete lack of fiscal strategy of the Finance Bill 2012, currently under discussion in Parliament. In the eyes of officials of Bercy, the only way to increase tax revenues is to remove the niches or benefits made in the tax calculation.More than half of the 11 billion euros in additional savings are announced in late August and the removal of some old tax benefits. Now that the idea has been fueled largely with public opinion than the 104 billion euros in lost revenue for state coffers that are the fiscal and social niches, half are "very effective" or "inefficient", this solution is actually the easiest to implement. But it can serve as long-term program. As niches, whose real term is "tax expenditure", are as fundamental to encourage private investors to replace the public investor.No niches, no investment in France, which already sorely lacking.

Reform the income tax

The tax reform in 2012 will revolve around three major issues: how to bring balance between taxation of wealth and income? How to get to his income tax progressivity? What future for VAT?

To these questions, the UMP and the PS will provide different answers, of course. But the rules are the same for all. France can no longer raise taxes. The tax ratio-mandatory, ie the tax burden, amounted to 44.5% of GDP, close to its historical levels (44.9% in 1999). But conversely, the disastrous situation of public finances prevents them down.The "big bang" will be announced fiscal totally bounded in the universe: it will be a rebalancing in depth, but revenue constant.

Some lines of force emerge. The income tax in its present form, is on trial. Two transformations are emerging: reconsider its progressivity, that is to say goodbye slices. Or merge it with the CSG, an idea that has the favor of PS and a large part of the UMP. This merger should not be mistaken, broaden the tax base, will make the income tax fairer, but will also be more painful for the average incomes.

Similarly, it will not escape a VAT reform. Since 2008, 15 European countries have found, for fiscal consolidation, so much so that the rate of 19.6% French is now among the lowest in the euro area, 1 point lower than the average.Especially down at the other, the government chose to lower it for some sectors (food, building …).

Finally, there is the balance between taxation of income and wealth. The most sensitive issue. Recently, in Le Figaro, the budget minister Valérie Pécresse explained: "By raising taxes on savings, we compare the taxation of wealth from that of labor income." The road has only begun. One can imagine what awaits holders of wealth in the coming years …

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"The mother of all strikes" paralyze Greece

A country paralyzed, a city under siege. While millions of Greeks are called to go on strike for 48 hours, 10 police squads have erected fences riot around the place of parliament in central Athens. The movement must be "the mother of all strikes," warned Tuesday the leftist daily Ta Nea.

Nearly 20,000 protesters began to march at 9 am Wednesday in the capital to converge to the emblematic Syntagma Square, political heart of the country. In June, violent clashes with security forces had driven the rally.

"We will send a strong message to the government and political system," promised Tsikritas Costas, head of the ADEDY union representing public service. "We believe that the mobilization will be huge." The general strike could indeed be the largest since a long time.Administrations, public transportation, businesses, and even bakers are required to stop work and march against the rigor introduced by the Socialist government.

This is putting pressure on MPs to discuss for three days from Thursday, new austerity measures. The consideration for the payment of the next $ 8 billion euros, as part of the plan of 110 billion granted by the EU and the IMF in spring 2010.

"Blackmail"

Prime Minister George Papandreou has been determined: "All these people who blackmail and take the country hostage, occupying buildings, leaving garbage piled in the streets, closing ports and the Parthenon, must explain how this will help us get back on our feet Payday Loan for Bad Credit. "

He also called for unity."We must continue this war, as a people, as a government, as a caucus to enable the country to win it, he argued. We will win for the country, we will continue. That's why I'm here. "The head of government has a narrow majority of four seats in Parliament.

However, concerns remain on the eve of the vote of austerity on the discipline of PASOK. A member of the Socialist Group has resigned in protest Monday. Two others have threatened to vote against it. A small opposition party could come in and vote for reinforcement.

The new austerity measures, which account for 6.6 billion euros, include reductions in wages and pensions, designed to place laid off 30,000 employees and to establish a single salary scale in the public .The government also wants to lower the threshold of annual taxable income to 5,000 euros.

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Sony wants full control of Sony Ericsson

The maneuvers in mobile telephony will continue. Less than two months after announcing the acquisition of Motorola by Google, it's time for Sony to come forward. The Japanese would be poised to buy out its partner in the joint venture Ericsson they hold a 50/50, according to the Wall Street Journal. Sony said "have made any announcements on this and have no comment."

Becoming once again sole master on board in the phone, Sony get back into the race, while its subsidiary is in full decline. In the latest Gartner, Sony Ericsson does not point only to the tenth place. Unbearable to cope with the rise of Samsung and other HTC.

The share of Swedish would be valued between 1.25 and 1.5 billion euros.Sony Ericsson reported a loss of 50 million euros in the last quarter (ended June 30), strongly impacted by the consequences of the tsunami in Japan. The group felt when the earthquake had prevented the production of 1, 5 million phones.

A very strategic move

A recovery of 100% Sony Ericsson, ten years after the creation of the joint venture fits perfectly with the new guideline from Sony. Since late August, the Japanese never ceases to present the virtues of a strategy "five screens" (TV, PC, tablet, game console and … smartphone). At each speaking orchestrated by Sony, its subsidiary in the phone is a little more present. A to obscure the fact that the group led by Howard Stringer holds only half! While in September, when questioned on the subject by the Figaro, a leader of the group responded, "Why buy expensive our participation? ".Admitting a hint that Sony already felt at home in their joint venture. An attitude that could just as tired Ericsson, which has every reason to feel more deprived.

In addition, Sony ensures highlight the synergies between the different divisions of the group. But the mobile phone is, at present, is a real focal point. The latest Sony Ericsson Xperia smartphones are a perfect summary. They are equipped with optical CyberShot inherited cameras from Sony and for the sound, the Walkman and entertainment, Sony Entertainment. The climax was reached with the Xperia Play, which includes all the features of a PlayStation.

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A gold coin for sale 200 euros

She has it all in these turbulent times. The piece that sells for 200 euros on Monday, the Monnaie de Paris is solid gold. A metal sought by individuals particularly since the financial turmoil. The 50,000 copies (999 per thousand of gold) are sold on the website of the Paris Mint www.monnaiedeparis.fr at its headquarters in Paris and in 1000 post offices.

For collectors, it is a copy of most in the series of Euro regions (silver coins with a face containing the names of 27 French regions). "This piece represents a safe investment, since it still be worth at least face value," it says to the Monnaie de Paris. An argument that has more weight than other investments are sad mine.

When she threw parts of the regions 10 euros in cash (one model per region), the Monnaie de Paris had found at his door in the morning thousands of individuals. And the quota available on the Internet had passed in less than a morning on a one-piece per second. Fans will do so many this time? Gold is the ultimate safe haven, but today it is no longer 10, but 200 euros to be paid to pocket a new gold coin. Verdict noon.

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