Liability law

Maître Biguenet has written a publication on notarial liability (The notarial duty to advise, published by Defrénois) and contributes regularly to updates to the Francis Lefebvre handbooks that deal with issues of professional liability, particularly of notaries, real estate agents, architects, diagnosticians and builders, or even management companies (Law Handbook of property sale, property management, and professions).

The practice can therefore assist both professionals and clients in disputes.

Inheritance law

As the partner lawyers, Maître Fabrice Maurel and Maître Biguenet-Maurel hold postgraduate diplomas in notarial law. Therefore, notarial matters, and particularly inheritance law, constitute a principal area of practice for MB JUSTITIA, where the lawyers have a mastery of all the particularities and difficulties of inheritance law.

This subject covers a wide range of situations. Whether it is a question of sharing inheritance, jointure or contest, a legacy or will or even concealment or reduction of inheritance and/or of life assurance or donation, the practice can provide you with support in analysing your situation and representing you before the competent authorities.


The MB JUSTITIA practice can help you in the event of a foreclosure or seizure. This can happen when a debtor is the owner of a property and does not repay a debt, despite requests for payment and the use of enforcement measures.

Summons to pay : the creditor, equipped with a writ of execution, should engage a lawyer who issues a summons to pay to the debtor, for the seizure of the property. From the point when this is delivered by a bailiff, the debtor cannot sell the property (unless agreed and authorised by a judge) nor give it to anyone, nor receive rent from it. The order obliges the debtor to pay their debt within 8 days. In the event of default of this payment, a bailiff is authorised to enter the property to create a report of the description of the seized property.

Directions hearing : The debtor will then receive a summons to appear at a directions hearing, where the judge decides on the potential disputes, authorises the sale of the seized property at the minimum price, or directly orders a forced sale.

Adjudication hearing (sale at auction) : Once the forced sale has been published (publication in legal announcement papers, display of notice in front of the seized property...) the property is sold at auction. The last bid wins, but anyone can make a higher bid in the ten days following the auction, through a lawyer. This higher bid is at least 10% of the principal price of the sale, and this prompts a further hearing.

Distribution of proceeds : The sum raised is shared among the creditors. After repayment, the judge terminates the seizure process.

The purchaser can request the eviction of the debtor (unless the conditions of sale state that they should remain in place).

Reference texts : Civil procedures code art. L. 311-1 et seq.

Co-ownership and housing schemes

MB JUSTITIA practices widely in the area of co-ownership disputes. Maître Biguenet-Maurel writes articles and contributes to publications in this field, particularly for publishers Francis Lefebvre (Law Handbook, of property sale, property management, and professions). Moreover, Maître Fabrice Maurel also completed a doctoral thesis on the matter of criminal law in co-ownership.

Co-ownership disputes essentially cover the following domains :

  • Disputes around decisions taken in the co-ownership general meeting,
  • Recovery of co-ownership charges,
  • Neighbourhood disruption and infractions of co-ownership rules.
  • Disorderly conduct.
  • Professional liability (association, builder, businesses, notary...),
  • Interpretation of constitutive documents (co-ownership regulation, descriptive state of divisions).

Housing schemes generate a similar set of disputes, but present certain legal particularities, a knowledge of which is vital in order to effectively defend interests in this domain. Thus for example, homeowners' associations (ASL) which do not comply with the updated statutes according to the order of 1st July 2004 and its application order of 3rd May 2006, do not have the ability to act in court. (Civil Appeals 3rd, 5th July 2011 no. 10-15 374). It is therefore vital to update statutes before acting in the interests of a housing scheme.

In the same way, the housing schemes are not subject to law no. 65-557 of 10th July 1965 but to order no. 2004-632 of 1st July 2004. There is therefore no use in referring to the law of 1965 or to co-ownership regulation. Only the provisions of the 2004 order and the contractual specifications are applicable.

Real estate law

Both partner lawyers Maître Fabrice Maurel and Maître Biguenet-Maurel hold postgraduate diplomas in notarial law. As such, notarial matters, and particularly real estate, constitute a principal area of practice for MB JUSTITIA. The concept of real estate law covers all of the rules surrounding a real estate property (apartment, house, building), as opposed to movable personal property. The practice can therefore help in any litigation that might arise during acquisition, sale, construction or renting of a property, for example. Conflicts can also arise while a property is being used, for example neighbourhood disruptions or litigation linked to co-ownership or housing schemes. Difficulties can also arise with one's lending bank or insurer, tenant or landlord. Real estate involves a range of relationships with potentially liable professionals, such as notaries, real estate agents, builders, architects, insurers, and banks, for example.