Article 961 of the French Civil Code
This revocation may take place even if the donor’s child was conceived at the time of the donation.
This revocation may take place even if the donor’s child was conceived at the time of the donation.
The gift may likewise be revoked, even if the donee has come into possession of the property given and has been left there by the donor since the birth of the child. However, the donee is not obliged to return the fruits he has received, of whatever nature, if not from the day on which the birth of the child or his adoption in plenary form was notified to him…
The property and rights included in the revoked donation revert to the donor’s patrimony, free of all charges and mortgages on the part of the donee, without being able to remain assigned, even subsidiarily, to the legal mortgage of the spouses; this is so even if the donation was made in favour of the donee’s marriage and inserted in the marriage contract.
The death of the donor’s child has no effect on the revocation of gifts provided for in Article 960.
The donor may, at any time, waive the right to exercise the revocation for the occurrence of a child.
An action for revocation is barred after five years from the birth or adoption of the last child. It may only be brought by the donor.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.