The judge hearing the application for revision may, depending on the case and even of his own motion, either reduce the quantity or periodicity of the benefits encumbering the gift, or modify its purpose by drawing inspiration from the intention of the grantor, or even group them together, with similar benefits resulting from other gifts. He may authorise the alienation of all or part of the property that is the…
The application is admissible only ten years after the death of the disposing person or, in the case of successive applications, ten years after the judgment ordering the previous review. The person receiving the grant must provide evidence of the steps he or she has taken, in the interim, to fulfil his or her obligations.
Third-party proceedings against the judgment granting the application for revision are admissible only in the event of fraud attributable to the donee or legatee. The revocation or reversal of the contested judgment does not give rise to any right of action against the third-party purchaser in good faith.
If, subsequent to the revision, performance of the conditions or charges, as originally provided for, becomes possible again, it may be requested by the heirs.
Any clause by which the disposing party deprives of the gift a person who would question the validity of an inalienability clause or request authorisation to alienate is deemed unwritten.
To make a liberality, one must be of sound mind. A liberality is void where consent has been vitiated by error, fraud or violence.
All persons may dispose of and receive either by donation inter vivos or by will, except those whom the law declares incapable of doing so.
A minor under sixteen years of age may not dispose of anything, except as regulated in Chapter IX of this Title.
A minor who has reached the age of sixteen and is not emancipated may dispose only by will, and only up to the amount of half of the property which the law allows an adult to dispose of. However, if he is called up for a campaign of war, he may, for the duration of hostilities, dispose of the same share as if he were of full age, in favour…
To be capable of receiving inter vivos, it is sufficient to be conceived at the time of the gift. To be capable of receiving by will, it is sufficient to be conceived at the time of the testator’s death. Nevertheless, the gift or will will only have effect as long as the child is born viable.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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