Title XIII: Civil solidarity pacts and cohabitation

A civil solidarity pact is a contract concluded by two natural persons of full age, of different sexes or of the same sex, to organise their life together.

On pain of nullity, there may be no civil solidarity pact: 1° Between ascendants and descendants in the direct line, between relatives in the direct line and between collaterals up to and including the third degree; 2° Between two persons at least one of whom is bound by marriage; 3° Between two persons at least one of whom is already bound by a civil solidarity pact.

Persons who enter into a civil solidarity pact make a joint declaration thereof before the civil registrar of the commune in which they fix their common residence or, in the event of serious impediment to the fixing thereof, before the civil registrar of the commune in which the residence of one of the parties is located. In the event of serious impediment, the civil registrar shall go to the domicile…

A mention is made in the margin of each partner’s birth certificate of the declaration of civil solidarity pact, indicating the identity of the other partner. For foreign nationals born abroad, this information is recorded in a register held at the central civil status department of the Ministry of Foreign Affairs. The existence of amending agreements is subject to the same publicity. The civil solidarity pact does not take effect…

Partners bound by a civil solidarity pact undertake to live together and to provide mutual material aid and assistance. If the partners do not agree otherwise, material assistance is proportional to their respective means. The partners are jointly and severally liable to third parties for debts contracted by one of them for everyday needs. However, this joint and several liability does not apply to manifestly excessive expenses. Nor does it…

Unless otherwise provided in the agreement referred to in the third paragraph of Article 515-3, each of the partners retains the administration, enjoyment and free disposal of his or her personal property. Each remains solely liable for personal debts arising before or during the pact, except in the case of the last paragraph of article 515-4. Each partner may prove by any means, both to his partner and to third…

The partners may, in the initial agreement or in an amending agreement, choose to make the property they acquire, together or separately, subject to the joint ownership regime as from the registration of these agreements. Such property is then deemed to be jointly owned by half, with no recourse by either partner against the other on the grounds of unequal contribution.

However, the exclusive property of each partner remains: 1° Money received by each of the partners, in any capacity whatsoever, subsequent to the conclusion of the pact and not used to acquire property; 2° Property created and its accessories ; 3° Property of a personal nature; 4° Property or portions of property acquired with money belonging to a partner prior to the registration of the initial or amending agreement under…

In the absence of provisions to the contrary in the agreement, each partner is manager of the undivided property and may exercise the powers recognised by articles 1873-6 to 1873-8. For the administration of undivided property, the partners may enter into an agreement relating to the exercise of their undivided rights under the conditions set out in articles 1873-1 to 1873-15. On pain of being unenforceable, this agreement is, on…

The provisions of articles 831,831-2, 832-3 and 832-4 are applicable between partners in a civil solidarity pact in the event of its dissolution. The provisions of the first paragraph of Article 831-3 are applicable to the surviving partner where the deceased has expressly so provided by will. Where the civil solidarity pact is terminated by the death of one of the partners, the survivor may avail himself of the provisions…