Because of her legal education and background, Agnès Proton has naturally oriented her practice in the traditional civil law notarial areas (patrimonial law, real estate...). She now handles corresponding issues in their litigation aspects. Prior to this, she was dealing with these matters in their amicable phases, when she was performing as a Notaire Assistant before joining the Bar.
Such dual approach optimises the comprehension of those cases followed up today at their judiciary stage, mostly for local and international Private Clients.
What is the matrimonial regime of a French citizen married in London to a German lady with whom he lived afterwards in Spain, then in Italy, before going back to France? What would be the applicable law and jurisdiction if they would file for divorce? Under which national laws would the validity of their reciprocal testamentary provisions, and the efficiency of their joint estate planing be verified? What would be the applicable law to the adoption proceeding they could plan to start...?
Today, legal practitioners are often faced with disputes involving one or several foreign elements, related to business matters but also to individuals. In Europe, the principle of free circulation applied to persons and goods has boosted citizens' mobility, on both professional and private levels. Such mobility gives rise to personal and patrimonial consequences, which can depend upon different national laws in time and space. Identifying such applicable laws, and then defining their content, are the purpose of the Private International Law which is one of our field of expertise.
The Firm is specialised in local and international succession law issues.
The related cases yield to technical lawsuits, in the frame of Claims for accounts, liquidation and partition of decedents' estates, will contests, joint owners disputes, application for legacies delivery...
Such cases in the field of patrimonial law, involving family and money fights, trigger long, heavy and expensive law suits. Jurisdiction pertains mostly to the Court where the deceased was domiciled at the time of death. However, eventually, it is common to successfully settle those cases and get them out of Court.
This category covers all matters dealing with the existing and built real estate property, before or during the litigation phase.
Cases here may be related to condominium management and co-owners disputes, real estate transactions (eg. when finding out about hidden defects, or wrong diagnosis), easements, property and boundaries claims, neighbours' disputes, performance problems with contractors... They also indlude landlord-tenant issues.
Moreover, since 2010 in France, Lawyers are entitled to intermediate in movable and immovable transactions. As such, Mrs Proton joined the A.A.M.T.I. (Association des Avocats Mandataires en Transactions Immobilières : www.avocats-immo.fr). As a result, our Office may provide for intermediacy services in real estate transactions as well.
Our Office also includes a general commercial law & contractual law Practice.
These areas cover, for instance, debt recovery as well as banking and securities disputes. At the same time we take care of contractual disputes, such as:
- rising in the context of sales of goods and movables (eg vehicles, furnitures, electrical equipments...)
- or in delivery of services.
We are also dealing with non-contentious judiciary requests, that are then said "gracious requests" (in adoption cases for instance).
In addition, our Practice covers the follow up of enforcement proceedings (ie suits filed with the "Enforcement Judge" - Juge de l'Exécution), and provisional measures or security devices, such as bank accounts seizures or provisional mortage registrations.
More generally, in all judiciary disputes, Mrs Proton's training as a Mediator with AIX-MEDIATION Association (in 2007) allow her to help the parties, if they wish so, to amicably settle their dispute.
Last, in 2017 and 2018, Mrs Proton attended several Negociation training sessions, including programs framed after the Harvard's Reasoned Negotiation method (interest-based negociation). She is now in a position to provide efficient services in this area as well, in the course of all ongoing cases at the Firm.