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On May 7, the Court of Cassation will deliver its decision on the fate of the Balkany family mill, in Giverny (Eure). Patrick and Isabelle Balkany have lost the usufruct since January 2023 and a decision of the Paris Court of Appeal, which the couple is contesting with this cassation appeal.
© Stephane Cardinale – Corbis – Neither political figure plans to leave the family home.
The May 7 is noted in capital letters in the Balkany couple’s diary. On this date, Patrick and Isabelle Balkany will scrutinize the decision of the Court of Cassationwho must decide on the future of Cossy family mill in Giverny (Eure). A 19th century building, on four hectares of land, at the heart of a legal soap opera which should soon see its last episode, explains Le Parisien.
This ten-room residence, the Balkany couple already have none no more usufruct since January 2023 and the decision of the Paris Court of Appeal. Usufruct only? Yes, because they are not no longer own the walls since 1996. At the time, the couple had a sharing donation for the benefit of their two children, who became bare owners of the mill. The spouses could enjoy their home for life. And it is against the decision to confiscate the usufruct that they appealed to the Court of Cassation.
Also read: Retirement: Isabelle Balkany estimates she needs “at least 5,000 euros per month”
“A legal incongruity”
Examined Wednesday March 27the decision concerning this appeal will therefore be rendered in six weeks. None of the two political figures does not plan to leave the premises, which would return to the State in the event of an unfavorable decision. The mill requires expensive maintenance. “Confiscation would be a dismemberment of property. If the State finds itself usufructuary of the children Balkanythis coupling between natural persons and the State would be a legal incongruity»estimated Me Bertrand Périer, lawyer for Isabelle Balkany at the Court of Cassation.
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One solution envisaged, in the event of confiscation, would be to evaluate the usufruct to offer the bare-owner children the opportunity to buy it back. “A profound injustice” for Isabelle Balkany’s lawyer. If the Court of Cassation overturns the judgment of the Paris Court of Appeal of January 2023, partially or not, back to square one: the court of appeal will have to decide again. Including, potentially, on the conviction of the Balkany spouses to pay 400,000 euros to the State for the sums spent to carry out the investigations.
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2024-03-29 16:07:52
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