All of us occasionally encounter legal problems that inevitably arise in everyday life. Does your landlord refuse to release the security deposit? Is your contractual partner not fulfilling its agreement? Have you suffered damages due to non-contractual liability? These are all civil law problems and can be resolved through appropriate legal services.
This article will guide you through the world of civil law so that you know where you stand. First, we will examine the various options available to address your problems, looking in turn at mediation, conciliation and court proceedings.
Next, we will run through the various areas in which civil law operates. This will give you a clear idea of what problems you can bring to our law firm.
Obligations
Contracts
A first category of civil law disputes concerns contracts. Have you correctly fulfilled all the obligations in your contract, but find yourself facing a contract partner who is not fulfilling his part of agreement? Does your contract partner refuse to repay the amount you loaned him? All contractual disputes can be resolved by civil law.
A contract rarely has a single interpretation. So different views often arise between parties about the proper interpretation of the contract.
Nevertheless, not every interpretation is correct. In law and in case law, rules are put forward that determine which interpretation is preferred and which party is therefore correct.
We will study your contract and apply the relevant laws that show that your interpretation of the contract is the right one.
Below are some examples of the most common contracts governed by civil law.
Sale and purchase
A very common contract in civil law is the contract of sale. Simply stated, the sale is defined as a contract in which one party agrees to deliver an item and the other party agrees to pay a certain price for that item.
So at first glance, a purchase agreement seems simple. Yet this matter gives rise to many disputes.
First, problems often arise regarding the delivery of the goods. When you purchase goods, these goods must comply upon delivery with what was agreed between the parties. In other words, the goods must not be marred by defects.
However, there are often defects in the delivered goods. Thus, visible defects may exist at the time of delivery. In such a case, the buyer is obliged to complain to the seller by reporting the existence of the defects. An example of a visible defect is a car where the steering wheel is missing. Obviously any buyer can immediately see that the delivered good has a defect and thus that there is a non-compliant delivery.
Hidden defects pose a more complex issue. This means that there are defects that were not visible at the time of delivery, but which were only discovered after some time had passed. The seller can only be held liable for these defects if it was aware of them.
Tort law
Within civil law, the concept oftort is particularly relevant. The concept of tort deals with wrongful conduct. Anyone who commits a wrongful act, causing damage to another party, is liable. This means that the person who committed the wrongful act is liable to compensate for the damage caused.
In civil law, a distinction is thereby made between faulty conduct within a contractual relationship and faulty conduct in a situation where there is no contractual relationship between party causing the damage and injured party. If no contractual relationship exists between party causing the damage and injured party, we describe this as ‘non-contractual liability’, also known as ‘aquilian liability‘. This category is particularly common in everyday life. Just think of damage arising from a (traffic) accident, damage caused by children playing, and so on.
From the legal approach – in a situation where there is no contractual relationship – it is always necessary to investigate whether there is fault, damage, and a causal relationship between the fault and the damage. If these three elements are present, then there is an unlawful act that can legally lead to liability, meaning the obligation of the party causing the damage to compensate for it
Natural obligations
A natural obligation, unlike a civil obligation, is an obligation that has no legal basis. It is an obligation rooted in a moral action. Thus, a natural obligation cannot be legally enforced. Examples include offering to help a friend with a move. Someone who fails to show up on the day of the move has not honoured his natural obligation, but cannot be legally prosecuted for not helping that day.
Liability
Non-contractual liability.
Non-contractual liability is an important part of civil law. Simply put, non-contractual liability occurs when one party causes damage to another party without a contract having been entered into between the two parties. In other words, the cause of the injury does not lie in the contractual relationship between the two parties.
Before there can be non-contractual liability, there must be fault, damage and a causal relationship between fault and damage.
Non-contractual liability has a very broad scope. Any kind of damage, not caused through a contract, falls under this heading. Were you bitten by a dog? Did you slide down the stairs because of a grease spot, or get hit by a car or have a loose brick fall on your head? All of these situations are governed by non-contractual liability.
In cases involving non-contractual liability, we will thoroughly explore the three components with you:
- Did damage effectively occur and how can we prove and evaluate it?
- Did a fault occur and to whom can the fault be attributed?
- Is the fault the cause of the damage or were other causes present?
Once we have gone through the three steps and have established that the three elements in question are present, a procedure can be initiated to claim compensation for the damage. If necessary, this may involve the intervention of experts such as architects, doctors, etc.
Non-contractual liability covers a range of distinct situations; the most common types are listed below.
General liability
The cornerstone of non-contractual liability law is found in Articles 1382-1383 of the old Civil Code. This article is widely known and gives victims the general option to hold those responsible liable for the damage caused. People can be held liable not only for their actions, but also for their failure to act correctly.
Under these general liability principles, all damage, however minor, can be recovered from the party responsible for causing it.
Liability of appointees
An important aspect of non-contractual liability is the fact that, as an employer, you are liable for the persons you employ.
Thus, a contractor can be held liable for damages caused by its subcontractor. This offers the injured party the advantage that he or she can recover damages not only from the subcontractor, but also from the main contractor.
Parental liability for minor children
Parents are liable for damages caused by their minor children. The law contains a presumption of liability against parents because they are assumed to supervise their children appropriately, or because the damage occurred because of ‘an error in upbringing‘. The provision allows the claimant to address their claim for recovery to the parents and thus avoids having to deal with an (impecunious) minor.
Similarly, teachers are also liable for damage caused by students under their supervision.
Contractual liability
Contractual liability is the flip side of non-contractual liability in that contractual damage occurs when one party causes damage to another party and the damage falls within the contractual relationship between those two parties. Thus, the cause of injury lies in the contractual relationship between the two parties.
For contractual liability to exist, three conditions must be met, as in the case of non-contractual liability:
- Fault
- Damage
- Causal relationship between the fault and the injury
First, the fault must be a contractual one. This means that there must be a breach of an obligation on the part of a contracting party. When a contract is entered into between two parties and one of these two parties fails to fulfil its obligations under the agreement, there is a contractual default.
The contractual default must also cause damage to the other contracting party. It goes without saying that when a contract is made between parties and one contracting party subsequently fails to fulfil its obligations, there will be a loss to the other party as a result. Nevertheless, it will always be important to correctly evaluate the damage and togather the necessary evidence to support the claim.
The last condition is the existence of a causal relationship. A causal relationship exists if the damage would not have occurred as it did without the fault. In other words, the failure to fulfil the obligations caused the damage.
When faced with a contracting party who fails to perform all or part of its obligations, there are several possible solutions.
Before going to court, you should always notify the contracting party that it has not properly performed the contract. This is done through a notice of default. Notice of default is a registered letter giving the contracting party a final notice to perform the contract.
If the notice of default does not lead to resolution, the matter will have to go to court. There are several remedies, the main two being:
- enforced recovery in kind
- enforced recovery in equivalent value
A first remedy for a contractual default is to force the defaulting party to perform the contract. In this case, the court may impose the forced performance in kind of the contract. In many cases, however, forced in-kind performance is no longer possible or desirable, and so another remedy is preferred.
Enforcement by equivalent value is an alternative remedy in which performance by the debtor is replaced by payment of damages. In such cases, the judge conducts a hypothetical analysis in which the claimant is placed back in the position it would have been in had the contractual breach not occurred and the contract had been performed correctly. The damage caused by the failure to fulfil the obligation is then compensated through the payment of a sum of money.
Property
Property law is a particularly important right within civil law. Anyone who owns movable or immovable property has the right to use, enjoy, or dispose of the property he owns.
This means that you can use the property yourself, or let, sell or encumber it with other rights.
However, property rights are not absolute. This means that even though you have the right to use your property as you see fit, you must do so in such a way that the use is not disruptive for third parties. Thus, it is settled law that if there are several ways to exercise your property rights, you are not permitted to choose the way that is harmful to others or disregards the public interest.
This legislation is therefore particularly relevant in the context of neighbourhood nuisance.
Property can be a relevant aspect in law or litigation in many ways. For example, there may be disputes over the acquisition of property (for example, disputes over the purchase or sale of goods).
Your property may also give rise to liability claims. Thus, you are liable for damages caused if your property collapses, causing damage to third parties.
The concept of property can also be important in criminal law. Consider the scenario where your assets have been seized as part of a criminal investigation.
Other aspects of ownership such as co-ownership in the case of an apartment building are also often at the root of legal proceedings.
Disputes about about plot boundaries are also common. Discussions often arise about where your property ends and your neighbour’s property begins.
Property disputes may also involve intellectual property rights such as copyright, trademark or patents.
Letting your property can, in turn, be the trigger for tenancy disputes before the courts.
Property law is therefore very broad and relevant in everyday legal practice.
Neighbourhood nuisance
‘Better a good neighbour than a distant friend‘, as the saying goes But what can you do if the relationship with your neighbour turns out not to be so good after all?
Unfortunately, disputes between neighbours are common. These disputes can have a serious impact on daily life. There are all sorts of examples. For example, your neighbour may not respect plot boundaries, or daily noise may prevent you from quiet enjoyment of your property.
Disputes with neighbours are often delicate matters. The aim must always be to make living together possible again. To the extent possible, therefore, we will always consider whether a solution can be reached through mediation or a conciliation hearing before the justice of the peace. Often such intervention can lead to resolution of the problem. A resolution through mediation or a conciliation hearing additionally offers the possibility of quick action and limited costs.
If the other party is stubborn, there are also several procedural options. For example, a dispute over plot boundaries can be settled by having a surveyor record the boundaries, or proceedings can be brought to mandate the demolition of any improperly erected buildings, coupled with a penalty payment if necessary.
In some cases, the nuisance is so great and the neighbour’s attitude so intransigent that criminal proceedings must be taken.
Tenancies
Tenancy disputes are a common issue in civil law. Is your landlord refusing to release the rent deposit or is your tenant not paying the monthly rent on time? For both these problems, you can consult an lawyer for a customised solution.
Tenancy problems are common and exist in rich variety. First and foremost, rent payment problems often arise. In these cases, it may be helpful to first send a registered letter to raise the issue.
If the letter has no effect, legal proceedings may be initiated in order to obtain the rent through the courts or to terminate the entire tenancy agreement.
Furthermore, problems regarding rental damage regularly arise. How was the leased property left at the end of the contract? It is important here, both for tenants and for landlords, to make sure that a detailed description of the premises is drawn up at the beginning of the lease. That way, future problems can be avoided.
Finally, it is striking that problems often arise regarding the termination of the agreement. When one of the parties wishes to terminate the agreement, it is important that the proper formalities are followed and the correct deadline is respected. The calculation of this term is often a very technical matter, in which we are happy to support you.
