Real Estate Law
Cabinet Gabrielle EISENSCHER is active in the field of personal and patrimonial Family Law :
- The termination of the relationship and ancillary matters including divorce, legal or de facto separation, legal rules applied to civil partners (CSP), breaking of CSP, situations in which a couple needs help so as to build again beyond this breaking up..
- Urgent proceedings and other juridical proceedings in case of spouse abuse with possible help from associations specialized in that field.
- The family dwelling
- The family pact, allowing an agreement before a possible judicial ratification
- Filiation : natural, legitimacy, paternity issues with objection disputes, ...
- Parental Responsability over children born in or out of wedlucks and child abduction, The Hague Convention October 25th 1980, effective in France on Dec.1st 1983. The Plan of parental Education, in order to avoid any violation due to an abstract understanding, this exercise of Parental Authority must be confronted to a concrete definition involving the parents in their duties and dialogues. It is a question of defining a real life plan around the child, beyond the parting of the parental couple
- Protection measures for unable major persons and their families (maintenance of justice, tutelage, legal guardianship).
- French and international succession and inheritate liberaties, modified by the European regulation n°650/2012, effective in France on August 17th 2015, to be applied to the whole European Union, except United Kingdom, Ireland and Denmark.
- Joint possession between common Law Spouses or married couples and inheritance, partners with a Civil Solidarity Pact, unmarried couple.
- Determination of the competent Court and the Law to be applied (regulations 2201/2003 Bruxelles II Bis November 27th 2003, and 1259/2010 Rome III December 20th 2010.
- Determination and process of charge and/or liquidation of conjugal regimes. The Hague Treaty March 14th 1978. National and international right.
- Financial impact of separations and divorces : Interim and final measures (compensation, alimony, aid obligation).
- Post divorce litigation : compensatory benefits and alimonies.
- Conventional & private partitions, partitions by court, partition intervivos, trusts
Me Gabrielle EISENSCHER was specially trained for Collaborative Practice, which is a voluntary dispute resolution process in which parties settle without resort to litigation : the people and their advocates commit themselves during common meetings, where several experts can join, chosen jointly, to find global long-lasting solutions particularly adapted to their individual situation, distinct from a decision imposed by a Court of Law.
As such, Me Gabrielle EISENSCHER is a Member of the AFDPDC – itself member of the IACP (International Academy of Collaborative Professionals).
Collaborative Practice is a part of a national thorough movement and international as well, concerning amicable modes of Regulation of Conflicts, Alternative Dispute Resolution (ADR or conflict or even disputes, joined by the French Participative Procedure : Law nr 2010-1609, Dec. 22nd 2010, effective on January 23d 2012 with the Decree n°2012-66 of January 20th, 2012 (articles 2062 to 2068 Civil Code: ‘The convention of participative procedure is an agreement by which the parties in a dispute which has not given rise to the court referral of a judge or an arbitrator (referee) yet make a commitment to work jointly and honestly in the amicable resolution of their dispute’ supervised by the Law, benefiting from a suspension of prescription, allowing the apply to a simplified gateway ; articles 1528 to 1568 Civil Procedure Code, Book V).
In this context of a search for “therapeutic Justice” the conventional mediation preserves all its present-day relevance by adapting to other cases and taking place differently, parallel but not identical.
Arbitration is actually not admitted in the French Family Law, contrary to the British law.
Our Cabinet takes particular care over listening and accompanying our clients all along those delicate personal situations.
The Law Firm, of course, intervenes in contentious matters, either in case of failure in out-of-court negociations, or directly when the client is confronted with violent marital or family situations. Even more so when the psychic mode of one member of the family calls for greater vigilance (enhanced diligence ?)
The sharp eye of discerning Therapists and Doctors can inspire this approach when witnessing the growing number of narcissistic perverts and manipulators.
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