Kurun in the Caribbean
by Le Toumelin, Jacques Yves - 1920-2009
pub by Rupert-Hart-Davis, Soho Square, London, UK -     1959 - - translated by Lawrence Wilson     -     originaly published in French in 1957 by Flammarion - - isbn - none original edition    - -LCCN 59-014040    - - 173 p.       - map p. 10 - black and white photos.
J-Y Le Toumelin had sailed Kurun around the world in 1949-1952. After returning to France he did some major refitting on Kurun before beginning another voyage. Kurun was in a berth in La Jonchere, France and this voyage began from Le Croisic (some 46 miles west of Nantes, France) on 29 Sepember 1953. He sailed out down the coast of Spain to Funchal in the Maderia Islands and after a visit sailed on South past Tenerife Island in the Canaries to Puerto de La Luz, Las Palmas on Grand Canaria Island where he stayed several weeks.
On 8 January 1955 he headed across the Atlantic Ocean to the island of Grenada where he anchored late in the day on 5 February 1955. From there he traveled up the islands often staying for some time at each stop. Le Touelin richly describes the places and people he met, including some of the history of the islands and the last remaining Carib natives in a small settlement on the island of Dominica. His descriptions and history are sometimes deep, informative and beautiful.
On 2 June 1955 he began his voyage home across the Atlantic from the Island of Guadalupe. The whole point of the timing of the trip was to avoid the months of hurricanes in the West Indies.
on 26 July he arrived back at his home port.
Jacques Yves Le Toumelin then put Kruun (name means Thunder in Breton) in storage where it stayed for years while Le Toumelin went on in his professional life.
This book is a good straight forward story about the single handed adventures of an acomplished sailor on a yacht in post WWII and the western world was still in a bit of flux. - A good read -
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--------------- from Wikipedia - French and other sources - Jacques-Yves Le Toumelin is a French navigator, son of a long-time Captain Vannetais and a malouine mother. He was born in Paris on July 2, 1920 and died on November 10, 2009. He was the brother of the painter Yahne the Toumelin and the uncle of Matthew Ricard. Trained at the Ecole nationale de navigation de Nantes, he will learn mainly his job as a sailor by sailing fishing as early as 1941 and undertaking the construction of a first boat the Thunder. He made a large solo tour of the world from September 19, 1949 to July 7, 1952 aboard his sailboat Kurun ("Thunder" in Breton) which he had built at the crossroads. During his sailing for nearly three years, he visited the Canaries, Martinique, the Galapagos Islands, the Marquesas, New Guinea, Réunion, Cape of Good Hope and St. Helena. He sailed on a great cruise to the West Indies in 1954-1955. This will be his last navigation. He then saw himself removed from his granite house, isolated on the shores of the Grand Traict du crusader. Jacques-Yves Le Toumelin, with Joshua Slocum, Alain Garrett and Vito Dumas is considered one of the last great traditional navigators of the first part of the twentieth century. --------------- Kurun ("Thunder" in Breton) is a Norwegian-style cutter, designed by naval architect Henri Deng for the French navigator Jacques-Yves le Toumelin, who will carry out a world tour from 1949 to 1952, then a cruise to the West Indies in 1954-1955. The Kurun has been the subject of a classification for historic monuments since 30 October 19931. History It was built at the Leroux site of the crusader (Le Crosisic) between 1946 and 1948. It's a heavy-moving cutter, from the style of Colin Archer's planes to Norwegian rear, without auxiliary motor. At the return of his travels, the Toumelin put his boat dry under hangar and no longer used it. Abandoned since 1960, he cèda his boat in 1986 to an association of the Crusaders (Le Crosisic). After a restoration, Kurun was returned to the water in 1991, still without engine. He took part in Brest 1996. It is classified as a historical monument in 1993, to the city of the crusader (Le Crosisic) for the symbolic frank, provided that it never sails again. This clause was not respected by the city, forcing the navigator to complain 2. Motorized in 2004, he participated in numerous maritime gatherings such as the maritime festivals of Brest: Brest 2004, Brest 2008, the thunders of Brest 2012 and others, more modest. Managed by the Association of Friends of KURUN3, he now makes walks from the crossroads for the members of the association. It is sometimes moored, as a chartered yacht, at the quay of the Maritime Museum of La Rochelle. ---------------------------- MORAL prejudice of MONSIEUR LE TOUMELIN: Particular link between the KURUN and Monsieur le TOUMELIN Mr. TOUMELIN has his whole life expressed his vocation for shipbuilding and the Call of the sea; He had built a first ship called Toner, but being sued by the German army, during the years of occupation, his ship was commandeered and destroyed; Mr. TOUMELIN put the KURUN into construction in 1945, immediately after the Second World War. At this time of scarcity, sacrificed his livelihood to be able to buy the necessary equipment. He thus put his sweat and blood into the construction of KURUN; He sailed long years aboard the KURUN, without almost putting his foot ashore; Mr. TOUMELIN has attached particular care to the construction of his ship, using traditional manufacturing methods; He has always maintained his ship with meticulous care, so that his ship has hardly suffered from the wear and tear of time; He was very attached to the choice of the interior design as well as the deck plan and the layout of the rigging and the fittings; He had thus built a unique work, whose state of mind was heavily borrowed from his master, designer and unique skipper; The age has more preserved the KURUN than Monsieur le TOUMELIN; The latter can no longer sail, he once decided to permanently remove the KURUN from the water. For this purpose he rented to the shipyards BIHORE a hangar to be able to put KURUN in the shelter, and to store his navigation equipment there; Its material was so well maintained that the KURUN sail set was transmitted to the same. It was only after expressing his willingness to no longer even navigate the KURUN, which he consented to give to the city of the crusader (Le Crosisic); At the time of the donation, the ship was in such a state that it could easily acquire, if it was needed, and if Mr. TOUMELIN had consented to KURUN's sailing again; The conditions for the release of the KURUN were catastrophic; Degradation of the KURUN Mr. LETOUMELIN was aware that the AAK had carried out a catastrophic reclamation of the KURUN, redoing the caulking of the ship's wooden shell without taking care to re-moisten it, which resulted in uncontrolled tensions in the NS its bordered, causing by this alone made the twist of many borders, as well as a multitude of modifications corresponding to the desires of its members (toilet, card Table, evacuations, etc?; These actions have resulted in changes in the structure and fundamental characteristics of the vessel; It is now exposed to the weather of all kinds which increase the wear of time on a wooden hull which, during the transfer of the ship, was in an excellent condition, as it results from an expert report made at the request of the AAK, by Mr Danny the 28/10/1988; Since that date, Mr. TOUMELIN has been stirring up heaven and earth to force the AAK to remove the KURUN from the water; The KURUN was stranded in the port of the crusader among other vessels, including servitude vessels or fishing vessels. It deteriorates even further with each stranding; It undergoes a continual cycle of degradation, repairs and modifications; Mr TOUMELIN has tried all possible amicable mediations, going back to the intervention of Mr Technical Adviser of the Presidency of the Republic, and of Admiral Basir, curator of the Naval Museum; These amicable interventions have remained without effect; On the contrary, the Association of Friends of KURUN and the town hall of the Crusaders used the KURUN as the main room of a afloat port museum to promote the tourist action of the city of the crusader (Le Crosisic); They have thus totally abused the trust of its donor; It is under these conditions that Mr. LE TOUMELIN has put in place both the city of the Crusaders (Le Crosisic) and the Association of Friends of KURUN to restore to him the full ownership of the KURUN, to immediately remove the KURUN from the water, and not to sail it to the Future; This notice, issued on 18/03/1997, has remained without effect to date, the Association of the Friends of the crusader (Le Crosisic) residing in the decision of the city of the crusader (Le Crosisic) regarding the future fate of the ship; Both the city of the crusader (Le Crosisic) and the AAK had a perfect knowledge of the formal and fierce opposition of Mr. TOUMELIN to this mode of management of the ship; They have not been cured; - - - For these reasons, The court of Grande Instance of Saint-Nazaire is requested to Having regard to article 953 of the Civil Code; Reject the end of no receive raised by the defendants As needed, To note that the KURUN is not a property of the Public domain of the commune, for lack of special development work. That the domain purposes is independent of the classification of historical Monuments That the serious challenge raised by the city of the Crusader (Le Crosisic) cannot seriously prosper, in view of the jurisprudence established by the administrative courts To say and to judge that the contract for the assignment of the KURUN is a contract under private law and is the knowledge of the judicial judge: At the bottom: Requalify the deed of surrender for a symbolic franc between the city of the crusader (Le Crosisic) and Monsieur LETOUMELIN Observe that the conditions which have taken the place of the transfer of the ship by Monsieur le TOUMELIN have not been respected by the city of the crusader (Le Crosisic); To say and to judge that the city of the Crusader has acted in knowledge of fact; To pronounce the judicial revocation of the gift of the ship, due to breach of the conditions prevailing on this gift, to the exclusive wrongs of the city of the crusader (Le Crosisic); Say that Monsieur LE TOUMELIN will be returned in all his rights as owner on the ship; To say and to judge that the city of the Crusader (Le Crosisic) has committed an intentional fault équipollente to a deceit by making or letting sail the KURUN; ... And it will be Justice. ---------------------- Les Amis du Kurun Entretien et présentation du Kurun, monument historique Entretenir, faire naviguer et montrer ce bateau historique tant à quai que lors des rassemblements de vieux Gréements et fêtes nautique tout en maintenant le souvenir d'un grand navigateur Jean-Yves le Toumelin. Kurun's Friends Maintenance and presentation of the Kurun, historical monument To maintain, to sail and to show this historic boat both at Quay and at the rallies of old rigging and nautical celebrations while maintaining the memory of a great navigator Jean-Yves le Toumelin. ---------- ------------------------ Court of Great Instance of Saint Nazaire First Civil chamber RG 97/02117 Hearing of 7/6/1999 For: Monsieur LE TOUMELIN And the KURUN Backup company Applicants Cons: The commune of the Crusader Construction and History of the KURUN Mr. TOUMELIN had the Kurun built on the way out of the war. He carried on board a long and perilous voyage around the world in solitary from 1949 to 1952; The navigational technique at the time was based exclusively on traditional know-how and a solid knowledge of the marine environment that has now disappeared; Mr. TOUMELIN had the plans of his ship carried out according to his precise instructions. He oversaw the construction of his ship to the smallest detail in order to prepare his world Tour and achieve it in the best conditions; On his return, Monsieur LE TOUMELIN and his ship have gained notoriety that has never been denied since, in the very elitist world of yachting; It remains an example of this for current and future generations; Maintenance of the KURUN Aware of what his ship and himself have written a page of the history of navigation, he was anxious to keep him in the state he had on the day of his neuvage, more than 40 years ago; In particular, as long as he remained owner, he never made any structural or detail changes to his vessel; One day he stopped sailing; He withdrew his vessel from the water and stored it in perfect dry condition in the hangars of the BIHORE shipyard; Becoming a KURUN The Naval Museum proposed to Monsieur le TOUMELIN to host the KURUN in its walls; The city of the crusader, the port of arrival of its world Tour and the last port of attachment of the ship, also requested Mr. TOUMELIN; She also offered to acquire her ship, to dedicate it to a permanent exhibition ashore, where the KURUN would be sheltered; In view of the emotional bond linking him to his home port, Mr TOUMELIN welcomed this proposal very favourably. There is just one condition: the express condition that the ship never sails again; This condition was not respected, which motivated its action. Procedure: Jurisdiction of the courts to entertain action in claiming ownership of the KURUN: The city of the Crusader claims that the KURUN is a dependency of the Public domain of the city, and that, by reason of this quality, the litigation arising from its claim would fall within the exclusive jurisdiction of the administrative jurisdiction. It also purports to prohibit the TGI from dealing with the issue of the domain purposes of this vessel, to be reserved solely for administrative judges. In so doing, it removes from the judicial judge any power of analysis of the end of non-receipt which is opposed to him, even though he is necessarily competent to know matters determining his competence, when these questions do not raise any Serious dispute. -No serious dispute on the question of the domain purposes of the KURUN -KURUN is not a Public domain dependency -The historical Monument classification has no impact on the domain purposes of the KURUN -The contract of assignment of the ship is a contract under private law, and is the knowledge of the judicial judge -- A-no serious objection to the question of the domain purposes of the KURUN The judicial judge has the power to decide the question of domain purposes, since it does not face any serious challenge. But the city of the Crusader announces that it invokes such a protest. A protest-albeit vehement-does not mean serious dispute. To admit it, it is necessary for the court to qualify it, and therefore to analyse it, albeit summarily. The TGI is therefore competent to analyse the depth of the future and eventual challenge of the city of the crusader, and to judge its seriousness! So that he can judge, and unless he is denied justice, The court must be forced to decide between the two legal positions of the city of the crusader and the plaintiffs. Finally, the jurisprudence is unanimous in acknowledging that the serious challenge is the one that requires the adjudication of jurisdictions that would exceed the judicial judge, or of expert or investigative measures. If the dispute invoked has already been decided, either by an administrative court or by a civil court, and if the court judge refers to it, there is no violation of the rules of conflict, but the pure and simple application of the Ruling by the Administrative court. In the present case, the Court of Justice, in a sufficiently extensive manner, is given the chronology of the dominant case-law, so that in order to decide the exception and determine whether the challenge is or is not serious, it is sufficient to apply purely and Simply a case law set by the Administrative Court, which makes this exception irrelevant. Therefore, the objection of incompetence must be rejected, in that it prohibits the court from determining the merits of this estoppel. The Tribunal will therefore have to ascertain whether the domain purposes is seriously contested by the city of the crusader. B-KURUN is not a Public domain dependency Definition of public domain purposes: Article 2 of the state domain Code provides: "Those of property that are not susceptible to private property because of their nature or destination are considered to be dependencies of the national public domain." The others are the private domain. " All the good of a local community are not in its Public domain! On this legislative basis, the jurisprudence holds as a definition to classify a property in the Public or private domain of a local community two cumulative criteria. These criteria are: 1/ownership of a public person 2/assignment for direct use by the public or public service. If the first criterion is fulfilled, the city of the crusader being a Public person, The criterion of the assignment to the direct use of the public or to the public service is not realized. In fact, since two judgments of the Council of State of 19 October 1956 (LE BETON) and 22 April 1960 (BERTHIER), the case-law requires, in order for the public or public service to be assigned, that the property must "have been specially arranged for its assignment ". Definition of special layout: With regard to determining the nature of the work to be carried out in the Public domain, the Council of State retained the requirement of work as necessary (this June 1, 1921, commune of Monségur, rec. Li P 573). A read the Conclusions of the Commissioner of the GALMOT government, (February 5, 1965, Lyonnaise de Transports, R.D. p 1965 p 501) The special arrangement must change the nature of the property to the public so that its use is made easier or more appropriate. Importance of the layout: for the layout to be described as "special", it must be sufficiently important: The Council of State refused to include in the public domain goods which had yet been the subject of special arrangements intended to allow their use by the public, by two judgments rendered at ten years apart. (EC 28 November 1975, National Forestry Office c/Antiamont, rec. Lester P. 602, AJDA 1976 II, D. 1976, JCP 1976 II 18467, Then this February 8, 1989 Lefaroux). Last species (LEFAROUX): Repairs to a set of properties including a feudal castle classified as a historic monument. Motivation of the Council of State: "If this part of the domain had been open to the public and if repairs, trail clearing and clearing work had been carried out, such work, taking into account their purpose and limited character, did not constitute Special kind to make this property look like part of the public domain of the commune. " For example, rehabilitation work could not be considered as the necessary landscaping to bring property into the public domain. Non-assignment to a public service in the absence of a special development: The city of the Crusader has never done any special development work on the KURUN. Such a development would result from work done to adapt the property to the use assigned to it by the public service. However, the city of the Crusader has never designed a special arrangement on the KURUN, in order to assign it to the use of the public, or to its exploitation by any public service. It is not the work undertaken by the city of the crusader, unnecessary work, and harmful works, as it will be exposed, that could justify such a development: Assuming that this work was necessary for the safeguarding of the KURUN, they were never only restoration work, thus identical, and not the development work of the KURUN. This work was unnecessary since a first expert report indicated that the vessel was in good condition, when it had been assigned. This work was detrimental to the very safeguarding of the KURUN, since they were poorly undertaken, and poorly realized, causing a first shipwreck of the KURUN in the port of the Crusaders! This work was totally contrary to Mr LETOUMELIN's intention, which was that his ship no longer sailed. However, the only purpose of this work was to allow a disarmed ship to be put back in the water, and to remain so. The work undertaken may not be considered as special arrangements to affect the vessel for public use: The KURUN cannot therefore be considered as part of the Public domain. No actual assignment to a public service The city of the crusader is attempting to link the KURUN to any public cultural and tourist service, to claim that the KURUN would thus be assigned to the use of such a public service, and to challenge the jurisdiction of the courts. Specifically, this is the gist of the dispute: whether or not the city of the Crusader was authorized to use and operate the KURUN by assigning it to the public service, and letting it sail. However, the KURUN was originally to be assigned to a maritime museum as the first piece of the museum. So he had to be exposed, dry. But this museum has never been born! It follows that the initial assignment of the KURUN was unilaterally altered by the city of the crusader, negating the balance of the donation, and ignoring Mr. LETOUMELIN's explicit will. Currently, the KURUN is not used for public use: No one can visit it, and no one can go up there but members of an Association of friends of the Kurun, who has been entrusted with its management. It is not assigned to the use of a public tourist and cultural service: It is used as a set, planted in the port of the crusader, to wait between two strandings. Or precisely, being a "historic Monument", as the city of the Crusader reminds us, it should have been presented to the Public in a national museum. It was the purpose of this donation to form the first object of the fund of this future museum, which finally never came to light! Therefore, the museum that was planned, and to which it should have been assigned no longer exists, is not assigned to a cultural or artistic service!... On the reverse, if this museum had existed, our action would have no reason to be, and you would be incompetent to know. C-The historical Monument classification has no bearing on the domain purposes of the KURUN: The city of the Crusader argues that the fact that the KURUN was classified among the historical Monuments entails its integration into the Public domain. Nothing is more wrong: The inscription among the historical Monuments does not exclude that the property must benefit from a special arrangement for a public service of cultural and tourist nature. This is indeed what the Council of State of the city of Arles demanded about the alley of the Alyscamps, in order to consider that a historical monument was part of the Public domain. (May 11, 1959, Dauphin, Rec. Leon, p. 294). In addition, a property can be classified as a historical Monument, and still be owned by a private person. In fact, the ranking among historic Monuments does not affect the ownership of the property or its membership in the Public domain or in the private domain of a municipality. D-The contract of assignment of the ship is a contract under private law, and is the knowledge of the court judge: The city of the crusader contends that the act of acquiring the KURUN of 24/4/1987 is a contract of administrative law. It advances to reinforce that the act is caused by the will of the Municipal Council of the crusader expressed by its deliberation of 25/2/1987, in order to execute the public cultural and tourist service of the commune of the crusader. However, the 24/4/1987 act cannot be described as an administrative contract. Definition of the administrative contract: The administrative or private nature of a contract is determined by a judgment of the conflict Tribunal of 20 January 1986. "Contracts between a public person and a private person are" indeed administrative contracts only if they appear to be "acts of public management, and this is due to their clauses, either their" purpose or their regime. » It is therefore necessary to be able to meet either exorbitant clauses of the common law, either a particular object or a specific regime. Exorbitant Clause: The exorbitant clause of the common law is traditionally the clause which confers on the parties rights or which entitles them to foreign obligations by nature to those which are likely to be freely granted by anyone within the framework of the laws Civil and commercial. However, the contract invoked is a contract for the sale of a pleasure craft, a typical contract, without any exorbitant connotation, nor any expression of the will of the public authority. Better, it is in fact, in view of the symbolic nature of the payment, of a liberality, an act which arises exclusively from civil law. No special diet No provision of the contract indicates a particular scheme for its performance. On the contrary, the contract is drawn up according to the provisions of the Civil Code. No particular object The particular purpose of assuming the existence of a public management will could only be derived, exclusively, from: Public domain contracts, which is not the case, Contracts relating to the execution of public works, which is not the case, Contracts relating to the execution of a public service. In the latter category, it is still necessary for the contract to carry public service concessions, which is not the case, or if the contract carries a staff commitment directly involved in the execution of an administrative public service, which is Not the case. The final possibility, to which the commune of the Crusader relates, is that the contract is a contract relating to the modalities for the execution of any public service. However, in this contract there is no reference to any modality of execution of any public service. This is only an agreement to transfer ownership of a property (ship) to a legal person. Specifically, the contract does not include any modality of execution of the public cultural or tourist service. In particular, it is silent on the modalities of use of the KURUN, modalities that would have nevertheless been the centre of the city's concerns. It would also be incomprehensible that the Act did not include any provision relating to the presentation to the public of the ship. It is with incredible bad faith that the city of the Crusader claims to the faith ? That the contract was signed without consideration for Mr. LETOUMELIN, ? And that this contract would carry, in its psychological cause, the will to carry out a public cultural and tourist service, a will which does not exist anywhere else. The city of the Crusaders supports the belief that the document contested establishes the non-existence of its obligations to preserve the ship and keep the ship out of the water, and the subliminal, invisible existence of the modalities of execution of the public service. Moreover, the city of the Crusader does not extend to the concrete content of these implementing rules, which establishes sufficiently the inanity of its quibbles. Accordingly, on this point again the TGI de Saint Nazaire will recognise itself competent, and reject the exceptions of incompetence of the commune of the crusader. So the contract is not administrative law, So the jurisdiction is not reserved for the administrative courts. So the courts are competent to entertain the present litigation. -- - --------------------------------------------------------------------- - CONDITIONS of the transfer of the KURUN: The parties conducted long negotiations to obtain Mr. LETOUMELIN's consent to the assignment; The city Council has taken note of Mr. TOUMELIN's intention that his ship never sails again and that he be exposed to the dry in the context of a museum; In fact, on 28 August 1985, the town Hall wrote to Mr TOUMELIN asking him to specify his wishes, concerning the fate of the KURUN; The minutes of the 1st meeting of 9 September 1985 specify unequivocally the conditions required by Mr TOUMELIN; This report stated: "It would be a mistake to try to make it sail and (he) did not want it"; He further stated, regarding the location of his exposure to the public: "Its presentation in the basin was even considered, but seems to pose problems of monitoring and maintenance"; « ? Mr. Toumelin, who did not want to see him sail? » ; On March 22, 1986, on the initiative of the town Hall, was an Association of the Friends of the Kurun, whose object was "The preservation, maintenance and presentation to the public" of the ship; The minutes of its constituent assembly recall the history and evolution of the facts which led Mr TOUMELIN to cede his ship, as well as the conditions of this surrender; The ship's disposal regime has been studied. It is established that Mr. LETOUMELIN's primary intention was to donate his ship to the Naval Museum with a territoriality clause for the benefit of the city of the crusader; In the end, the parties retained the formula of the gift to the city of the Crusader, constituted an assignment for a symbolic franc; An exchange of letters between the town hall and Mr. LETOUMELIN formalized the intentions of the parties; These letters were read by Mr. BLIGNE at the Constituent Assembly of the AAK; It appears from this exchange of letters, a pre-contractual bargaining element, that Mr. TOUMELIN was waiting to be guaranteed that the KURUN would benefit from "a sheltered Exhibition place" in order to carry out the donation by notary; The Association of Friends of the Kurun, the ship's recipient, formally accepted this condition at its constituent General Assembly. This acceptance meant for Mr. TOUMELIN, that the ship no longer had a vocation to sail, which the mayor had expressly accepted, assuring him that the town Hall would endeavour to find a place capable of fulfilling his wish; - - - Transfer of KURUN to the city of the crusader: The conditions referred to above have availed itself of the transfer of the KURUN; The vessel KURUN was in excellent state of conservation, both in terms of hull and armament; Mr TOUMELIN has granted the transfer for the symbolic price of a FRANC in return for a moral interest which was the assurance that the KURUN be preserved intact, in its entirety, namely hull, rigging, fittings, armament, up to the most Minute details, and be kept dry, under shelter, without being ever more used; Mr. TOUMELIN wanted the KURUN to remain the living and rigorous witness of the craftsmanship that contributed to its realization: Marine carpenters, blacksmiths, sailboats? Its intention was that the city of the Crusader scrupulously respects the state of mind in which it was conceived, realized, and which anima all its navigations, exhibited in its works KURUN around the world and KURUN in the West Indies; This condition was formalized in the minutes of 9 September 1985; It was very accurately enshrined: "Mr. TOUMELIN? Thought? That it would be a mistake to try to make it sail and did not want it " All the acts were written by the town hall; Mr TOUMELIN is in no way competent in legal matters; He therefore fully relied on the necessary confidence of the administers in their administration; So there is a double problem with the interpretation of the documents. However, it is known that the documents are always used against their perpetrators, and in favour of those who commit themselves, when the latter has not written the act. And above all, we must remind the Court of this general principle of the law, of the legitimate trust of a administered man against his administration! This confidence having necessarily taken away the consent of Mr. LETOUMELIN, who would never have surrendered his ship to other conditions to other persons not having the same qualities as the city of the crusader. Legal definition of the assignment: Donation with charge - - - The assignment has the legal form of a sale but constitutes a donation with charge. Many obligations were imposed by Mr TOUMELIN in return for the transfer of ownership of the vessel. These conditions are those which are transferred by the property alone; Moreover, the symbolic price of the assignment is another proof of Mr. LETOUMELIN's liberal intention; Indeed, the ship KURUN was in good repair, according to the expert committed by the Parties at the time; This ship could easily be estimated in the state at the sum of 400,000 FF current. Moreover, numerous announcements of the magazine boats, from the 86 's, attest to the dollar value of a ship type cutter wood built in the 45 's. The transfer to the symbolic price of a Franc had no other purpose than to simplify the legal formalities, but in no case to have the effects of a real sale produced in the Act; In particular, Mr TOUMELIN has never heard of transferring the abuse of the ship, and has transferred the USUS only to the conditions that are known; It follows that the deed of transfer of ownership of the ship will have to be requalified into a donation with charges; Misappropriation of the object of the DONATION: From 1991 onwards, the Association of Friends of KURUN took the initiative 1/To put KURUN afloat 2/To make it sail on the occasion of rallies of old rigs. The Association expressly recognized that the destination of the KURUN, which was intended for the association's constitution and during the assignment, was the permanent exhibition to the ship's public, dry as part of a museum. The Association of Friends of the KURUN considered that the communal project of constitution of a museum, which had presided over the surrender of the ship, was "A Utopia" (sic!), It organized a consultation of its members to confirm its willingness to "re-sail" the ship, rejecting the common intention of the parties, and diverting the object of the donation from its purpose; On October 10, 1992, in General Assembly, the Association of Friends of KURUN (AAK), with the support of the city of the Crusader, decided to use KURUN "For short outings", And to include the KURUN at maritime events, "Pending the creation of a museum as desired by (Mr. TOUMELIN) originally"; The Liberal object of the donation was diverted by the Donee, the town of the crusader; The burden placed on the donee by the donor has never been met; The donation must therefore be annulled to the wrongs of the donee, for breach of the conditions of the donation; MORAL prejudice of MONSIEUR LE TOUMELIN: Particular link between the KURUN and Monsieur le TOUMELIN Mr. TOUMELIN has his whole life expressed his vocation for shipbuilding and the Call of the sea; He had built a first ship called Toner, but being sued by the German army, during the years of occupation, his ship was commandeered and destroyed; Mr. TOUMELIN put the KURUN into construction in 1945, immediately after the Second World War. At this time of scarcity, sacrificed his livelihood to be able to buy the necessary equipment. He thus put his sweat and blood into the construction of KURUN; He sailed long years aboard the KURUN, without almost putting his foot ashore; Mr. TOUMELIN has attached particular care to the construction of his ship, using traditional manufacturing methods; He has always maintained his ship with meticulous care, so that his ship has hardly suffered from the wear and tear of time; He was very attached to the choice of the interior design as well as the deck plan and the layout of the rigging and the fittings; He had thus built a unique work, whose state of mind was heavily borrowed from his master, designer and unique skipper; The age has more preserved the KURUN than Monsieur le TOUMELIN; The latter can no longer sail, he once decided to permanently remove the KURUN from the water. For this purpose he rented to the shipyards BIHORE a hangar to be able to put KURUN in the shelter, and to store his navigation equipment there; Its material was so well maintained that the KURUN sail set was transmitted to the same. It was only after expressing his willingness to no longer even navigate the KURUN, which he consented to give to the city of the crusader; At the time of the donation, the ship was in such a state that it could easily acquire, if it was needed, and if Mr. TOUMELIN had consented to KURUN's sailing again; The conditions for the release of the KURUN were catastrophic; Degradation of the KURUN Mr. LETOUMELIN was aware that the AAK had carried out a catastrophic reclamation of the KURUN, redoing the caulking of the ship's wooden shell without taking care to re-moisten it, which resulted in uncontrolled tensions in the NS its bordered, causing by this alone made the twist of many borders, as well as a multitude of modifications corresponding to the desires of its members (toilet, card Table, evacuations, etc?; These actions have resulted in changes in the structure and fundamental characteristics of the vessel; It is now exposed to the weather of all kinds which increase the wear of time on a wooden hull which, during the transfer of the ship, was in an excellent condition, as it results from an expert report made at the request of the AAK, by Mr Danny the 28/10/1988; Since that date, Mr. TOUMELIN has been stirring up heaven and earth to force the AAK to remove the KURUN from the water; The KURUN was stranded in the port of the crusader among other vessels, including servitude vessels or fishing vessels. It deteriorates even further with each stranding; It undergoes a continual cycle of degradation, repairs and modifications; Mr TOUMELIN has tried all possible amicable mediations, going back to the intervention of Mr Technical Adviser of the Presidency of the Republic, and of Admiral Basir, curator of the Naval Museum; These amicable interventions have remained without effect; On the contrary, the Association of Friends of KURUN and the town hall of the Crusaders used the KURUN as the main room of a afloat port museum to promote the tourist action of the city of the crusader; They have thus totally abused the trust of its donor; It is under these conditions that Mr. LE TOUMELIN has put in place both the city of the Crusaders and the Association of Friends of KURUN to restore to him the full ownership of the KURUN, to immediately remove the KURUN from the water, and not to sail it to the Future; This notice, issued on 18/03/1997, has remained without effect to date, the Association of the Friends of the crusader residing in the decision of the city of the crusader regarding the future fate of the ship; Both the city of the crusader and the AAK had a perfect knowledge of the formal and fierce opposition of Mr. TOUMELIN to this mode of management of the ship; They have not been cured; ... For these reasons, The court of Grande Instance of Saint-Nazaire is requested to Having regard to article 953 of the Civil Code; Reject the end of no receive raised by the defendants As needed, To note that the KURUN is not a property of the Public domain of the commune, for lack of special development work. That the domain purposes is independent of the classification of historical Monuments That the serious challenge raised by the city of the Crusader cannot seriously prosper, in view of the jurisprudence established by the administrative courts To say and to judge that the contract for the assignment of the KURUN is a contract under private law and is the knowledge of the judicial judge: At the bottom: Requalify the deed of surrender for a symbolic franc between the city of the crusader and Monsieur LETOUMELIN Observe that the conditions which have taken the place of the transfer of the ship by Monsieur le TOUMELIN have not been respected by the city of the crusader; To say and to judge that the city of the Crusader has acted in knowledge of fact; To pronounce the judicial revocation of the gift of the ship, due to breach of the conditions prevailing on this gift, to the exclusive wrongs of the city of the crusader; Say that Monsieur LE TOUMELIN will be returned in all his rights as owner on the ship; To say and to judge that the city of the Crusader has committed an intentional fault équipollente to a deceit by making or letting sail the KURUN; ... And it will be Justice. ----- end of legal case profile - auto translatec by BING ---- Le Toumelin died in 2009 ---