Monday, November 30, 2009

Ways Of A Scorpio Male Lost Interest

Towards a notarial divorce?

Nearly five months have elapsed since the tragic helicopter crash April 25, 2009 at RITAL in Corsica, during a flight from Ponte-Leccia SMUR to Bastia for transporting rushed to hospital a young 20 year old woman about to give birth Justine Gressler.
Several letters have since been sent to ministers of guardianship and the Accident Investigation Bureau Defense / Air, on which the civil aviation helicopter Dragon 2b conducting transportation that evening. In vain.

Despite a civil party in the hands of Mrs. TALLONE, Magistrate at Bastia and, again, despite several letters, some by letter, the criminal file, which contains the first report of findings, scene photographs, autopsy reports of victim, witness interviews, and probably many other important elements, remains inaccessible to counsel parents that I'm Justine.

Apart from the acknowledgments of La Poste, no answer, no reaction.
Total silence.

Why?

should know that the helicopter EC -145, another name for the BK 117-C2, whose first flight took place June 12, 1999, is still considered one of the flagships of the fleet of Eurocopter helicopters, a division of EADS, and that if in 2008 no fewer than 81 aircraft of this type have been ordered, it is matter of a pending transaction with the U.S. on 350 units.
But after that accident, various features or weaknesses of this device have been reported officially, in particular through several airworthiness directives (abbreviated to AD) dated June 4 (AD No. 2009-0119) and by the Directive (EAD Emergency Airworthiness Directive) 2009-0123 E-June 10 replaced by Directive EAD 2009-0158 E-16 July 2009, on all safety operation of the tail rotor back of this aircraft type, already involved in crashes that occurred on July 23, 2003 (registration F-ZBPC helicopter) and June 5, 2006 (F-ZBPB helicopter) in the Pyrenees.

Therefore, we are entitled to ask whether a mechanical malfunction of the gearbox through the tail rotor would not cause loss of control of the aircraft by its pilot This ten days before the production of "alert service bulletin" MBB BK 117-C2-65A-003, May 4, 2009 following several warnings of EUROCOPTER and alerts published in July-August 2000 in the journal AVIATION MECHANICS BULLETIN on a fatal crash on takeoff of a helicopter NEW YORK BK 117-B2.

A breakdown of this kind would it have been detected on site, in Corsica, with the arrival of specialists, which might explain why the Police Force was ordered to keep 500 meters journalists present (and was surprised that CORSE-MATIN)

The assertion by the prefect of Corsica, Hervé Bouchaert, the existence of a forecast "terrible" it is consistent with statements METAR Airport Bastia-Poretta, knowing also that this helicopter is presented on the website of EUROCOPTER as operational in all weather?

Furthermore, why did it take seven to eight hours to locate possible survivors and rallies that flight PONTE-LECCIA/BASTIA April 25, the apparatus is to seek a path of only 40 km and Last location known to have been from the secondary radar, can be deducted from that reported his disappearance ground radar, constantly informed by the onboard device known as a transponder?

In any event, even if the whole truth be known it one day, it is unacceptable and seriously insulting to the time when a Magistrate has held for several months, a record that does not communicate with the plaintiff and where the Ministers "pass the buck" (Interior of Defense) without making, neither one nor the other, a shred of response to nagging questions that haunt families day and night victims, they remain distant from the surveys.

I, July 25, three months to the day after the tragedy, launched a public appeal on behalf of families, in an attempt to obtain a blank reaction.
Unsuccessfully. Press did not publish anything.

So the question arises whether this silence - including media - is voluntary.

For the family of Justine Gressler,
FLECHER Me Henry, lawyer.


Wednesday, November 11, 2009

Yeast Infection Due To Getting Fingered?

Towards a simplification of the law



The notary shall draw the attention of the parties on the disproportion between the amount of the mortgage and the value of the encumbered property

By a decree of May 28, 2009, the First Civil Chamber of the Court of Cassation stated that the notary must draw the attention of the parties The disproportion between the mortgage amount and value of the building grevé.À after a complex transfer operation of the business, taking the form of a management lease and a loan secured by Mortgage Bonds crossed the transferee company and its associates were expelled from local and put into liquidation. The parties then sought the particular responsibility of the notary for breach of its obligation to conseil.La Court of Appeals (CA Aix-en-Provence, Feb. 1. 2007) accepted the responsibility of the notary drawing noting in particular that the clear indication of the value of the mortgaged property does not relieve the notary to draw attention to its disproportionate to the amount of the guaranteed loan that added risk of the overall operation, and had therefore breached its duty to provide advice and implementation garde.La Court Cassation rejected an appeal by the lawyer against this decision, and states that if it is not required to give legal advice and warning about the economic desirability of an operation in the absence of elements of assessment that will not look, it is, however, view such an obligation to ensure that rights and obligations legally incurred by the parties meet the objectives proved their commitment, are responsive to their respective faculties and capacities or are accompanied by provisions to give them their own effectiveness, even though their commitment is an agreement earlier if at the time of authentication that agreement did not produce any effect or not is not immutable.

This decision by the Court of Cassation, which implicitly confirms the analysis made by the Court of Appeal of Aix en Provence to the obligations of notaries as regards the duties of the board, just add a field already rich in decisions an additional element: it is now claimed that the lawyer in charge of receiving the form in an authentic act of mortgage lending Trust must ensure the internal structure of the transaction, even if it has already been concluded by a preliminary contract private agreement or separate agreements, such as the availability of credit.
In this regard, notaries will not fail to note that their task now is likely to be highly dangerous and likely to generate conflicts of liability, where one might expect, this is no longer possible to our days, the role of a notary is that confer genuine force to contracts whose terms are defined and the economy and concluded between the contracting parties themselves prior to his intervention.
However, the duty of the board of a notary must be understood today as an obligation imposed upon it to examine not only the shape but also the substance of the agreements it authenticates to highlight the need is so financial imbalances or the risk to one or other of the parties it is the common agent.
So just like a divorce agreement which would simply found by declaration before a mayor - fortunately reform proposal rejected - the contract, when is the authentic form, assumes that apparent its editor, the undersigned, as all the possible consequences of a particular provision relating to the heritage status of the parties and especially that which is most prone to risk.
It will also apply in respect of private deeds executed before a lawyer, who does not have the power to authenticate but nevertheless is subject to a duty to advise permettrela likely to implement a search responsibility in case of apparent risk of certain provisions of the act for one or UATRE co-contractors.
This decision of the Supreme Court has thus reinforce a principle which, increasingly, will be present to the minds of professionals who provide services to non-legal professionals who rely on their skills or the opportunity to check, but at least the balance of contracts .
Lawyers, which should soon be granted the right (and therefore the duties relating thereto) to give the acts they are probative specific, separate from the deed, but far superior to the private deed traditional, should be particularly vigilant when, inter alia, they établisent agreements or commitments that could manage obligations to devote part impractical or subject to imbalance.
The autonomy of the will, the consensual, the Contart by law between the parties, all these old concepts of our Civil Code are dead now, since it involves a professional, and that's good thing, because even in law, the law of the jungle still exists. www.avocat-toulon.fr