Any person may make, between his presumptive heirs, the distribution and division of his property and rights. This act may be made in the form of a gift-sharing or a testament-sharing. It is subject to the formalities, conditions and rules prescribed for gifts inter vivos in the first case and for wills in the second.
Any person may also distribute and divide his property and rights between descendants of different degrees, whether or not they are his presumptive heirs.
If his or her property comprises a sole proprietorship of an industrial, commercial, craft, agricultural or liberal nature or shares in a company carrying on an industrial, commercial, craft, agricultural or liberal activity and in which he or she exercises a managerial function, the disposing person may, in the form of a shared gift and under the conditions provided for in Articles 1075 and 1075-1, distribution and sharing between the…
An action to supplement a share on the grounds of lesion cannot be brought against shared gifts and shared wills.
The provisions of article 828, are applicable to balances payable by donees, notwithstanding any agreement to the contrary.
If all the property or rights left by the disposant on the day of his death have not been included in the partition, those of his property or rights which have not been included therein shall be allotted or divided in accordance with the law.
A gift-sharing arrangement may only concern present assets. The gift and the sharing may be made by separate deeds provided that the disposing party intervenes in both deeds.
In the case of a shared gift made jointly by two spouses, the non-common child may be allotted on the basis of its author in the latter’s own property or in common property, without the spouse, however, being able to be co-donor of the common property.
Property received by way of early partition by a presumptive reserved heir is deducted from his share of the reserve, unless it was expressly given out of share.
A reservataire heir, who has not contributed to the shared gift, or who has received a lot less than his share of the reserve, may exercise the action in reduction, if there is not at the opening of the succession property not included in the sharing and sufficient to make up or complete his reserve, taking into account any gifts from which he may have benefited.
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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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