A judicial declaration may be made, at the request of the public prosecutor or the parties concerned, of the death of any French national who has disappeared in France or outside France, in circumstances likely to endanger his or her life, when his or her body has not been found. Under the same conditions, the death of any foreigner or stateless person who disappeared either in a territory under the…
The application is presented to the judicial court of the place of death or disappearance, if this occurred in a territory under the authority of France, otherwise to the court of the domicile or last residence of the deceased or disappeared person or, failing this, to the court of the place of the home port of the aircraft or vessel that was transporting him or her. Failing any other, the…
If it does not originate from the public prosecutor, the request is forwarded to the court through his intermediary. The case is heard and decided in chambers. The assistance of a lawyer is not compulsory and all procedural documents, as well as copies and extracts of said documents, are exempt from stamp duty and registered free of charge. If the court considers that the death has not been sufficiently established,…
The operative part of the declaratory judgment of death is transcribed in the civil status registers of the actual or presumed place of death and, where applicable, in those of the place of the deceased’s last domicile. A mention of the transcription is made in the margin of the registers on the date of death. In the case of a collective judgment, individual extracts of the operative part are sent…
If the person whose death has been judicially declared reappears after the declaratory judgment, the Public Prosecutor or any interested party may prosecute, in the forms provided for in Articles 89 et seq, for the judgment to be set aside. The provisions of articles 130, 131 and 132 shall apply, as appropriate. Mention of the annulment of the declaratory judgment will be made in the margin of its transcription.
Civil status records concerning servicemen and seamen of the State are established as stated in the preceding chapters. However, in the event of war, military operations conducted outside national territory or the stationing of French armed forces on foreign territory, under occupation or pursuant to intergovernmental agreements, these records may also be received by military civil registrars designated by order of the Minister of Defence. The said civil registrars are…
In the cases provided for in paragraphs 2 and 3 of article 93, civil status records are drawn up in a special register, the keeping and preservation of which are regulated by order of the Minister of Defence.
When a marriage is celebrated in one of the cases provided for in paragraphs 2 and 3 of article 93, publications are made, insofar as circumstances allow, at the place of the future spouse’s last domicile; they are also provided, in the unit to which the interested party belongs, under the conditions laid down by order of the Minister of Defence.
In the event of war or military operations outside national territory, for serious reasons and with the authorisation of the Minister of Justice and the Minister of Defence, marriages may be solemnised for military personnel, State sailors, persons employed in the wake of the armed forces or embarked on State vessels without the future spouse appearing in person and even if the future spouse is deceased, on condition that consent…
The effects of the marriage referred to in Article 96-1 date back to the date on which the consent of the future spouse was received.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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