French General Code of Local Authorities
In forceWhere the previously competent local authority was the owner of the assets made available, these assets are handed over free of charge. The local authority receiving the assets assumes all the obligations of the owner. It has full management powers. It is responsible for renewing the property. It may authorise the occupation of the assets transferred. It collects the fruits and revenues. It may take legal action in place of the owner.
The beneficiary local authority may carry out any reconstruction, demolition, raising or addition of buildings to ensure that the use of the property is maintained.
The local authority benefiting from the provision of the property is substituted for the owner local authority in its rights and obligations arising from contracts relating in particular to allocated loans, and from public contracts that the latter may have entered into for the development, maintenance and conservation of the property provided, as well as for the operation of the services. The owner local authority acknowledges the substitution and notifies its co-contractors.
The local authority benefiting from the transfer is also substituted for the previously competent local authority in the rights and obligations arising for the latter with regard to third parties from the granting of concessions or authorisations of any kind over all or part of the assets transferred or from the allocation of the latter as an endowment.
