Article 838 of the French Civil Code
November 7, 2023
Amicable partition may be total or partial. It is partial when it leaves undivided ownership of certain property or persons.
Amicable partition may be total or partial. It is partial when it leaves undivided ownership of certain property or persons.
Where several undivided interests exist exclusively between the same persons, whether they relate to the same property or to different property, a single amicable division may take place.
Sharing is carried out in court when one of the undivided co-owners refuses to consent to the amicable sharing or if disputes arise as to the manner in which it should be carried out or completed, or when the amicable sharing has not been authorised or approved in one of the cases provided for in Articles 836 and 837.
Where several undivided interests exist exclusively between the same persons, whether they relate to the same property or to different property, a single division may take place.
The court of the place where the succession was opened has exclusive jurisdiction to hear actions for partition and disputes that arise either when the indivision is maintained or during the partition operations. It orders the auctioning of property and rules on claims relating to the security of lots between the co-sharers and on claims for the nullity of the partition or for additional shares. .
If the notary appointed to draw up the liquidation statement comes up against the inertia of an undivided co-owner, he may give him formal notice, by extrajudicial act, to be represented. If the undivided co-owner fails to appoint a proxy within three months of the formal notice, the notary may ask the judge to appoint any qualified person to represent the defaulter until the operations have been completed.
At any time, the co-sharers may abandon legal proceedings and pursue amicable partition if the conditions laid down for a partition of this nature are met.
Any heir, even one who has accepted up to the amount of the assets, coming to an estate, must report to his coheirs all that he has received from the deceased, by gifts inter vivos, directly or indirectly; he may not retain gifts made to him by the deceased, unless they were expressly made to him outside the inheritance share. Legacies made to an heir are deemed to have been…
Gifts made outside the inheritance can only be retained, nor legacies claimed by the heir coming to share, up to the available portion: the excess is subject to reduction.
An heir who renounces the succession may, however, retain the inter vivos gift or claim the legacy made to him up to the available portion unless the disposing person has expressly required the report in the event of renunciation. In this case, the report is made in value. Where the value reported exceeds the rights he should have had in the partition if he had participated in it, the renouncing…
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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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