The infringement of the presumption

Application pratique:

This case law protects Martine's presumption of innocence under Article 9-1 of the Civil Code. She should take screenshots of all posts and send a formal cease-and-desist letter to the tenant demanding removal and retraction. If the tenant refuses, Martine can sue for damages for public presumption of guilt. She must also keep all repair invoices and correspondence, and be mindful of the strict 3-month appeal deadline if any court decision arises.

Application pratique:

Pierre can invoke this decision to stop the syndic from publicly labelling him as guilty before any judicial ruling. He should write to the syndic demanding a correction and apology to all co-owners, citing Article 9-1. If the syndic persists, Pierre may sue for damages and also challenge the charges in court. He must keep all payment records, the initial complaint, and the syndic's letter, and respect the 2-month time limit for contesting any legal action by the syndic.

Application pratique:

Jean can rely on this decision to protect his presumption of innocence, as the sign publicly accuses him of illegal occupation without a court order. He should send a registered letter to the neighbour demanding the sign's removal and citing Article 9-1, and also enclose a copy of the surveyor's report. If the neighbour ignores him, Jean can seek an injunction and damages in court. He must keep the surveyor's report, all property deeds, and photographs of the sign, and be aware that any appeal after a court decision has a strict 1-month deadline.