Call Us + 33 1 84 88 31 00

Chapter IX: Arrangements between spouses, either by marriage contract or during marriage.

Article 1092 of the French Civil Code

Any gift inter vivos of present property, made between spouses by marriage contract, shall not be deemed to have been made subject to the condition of survival of the donee, unless this condition is formally expressed; and it shall be subject to all the rules and forms above prescribed for these kinds of gifts.

Read More »

Article 1093 of the French Civil Code

A gift of property to come, or of present and future property, made between spouses by marriage contract, whether simple or reciprocal, shall be subject to the rules established by the preceding chapter, in respect of similar gifts made to them by a third party, except that it shall not be transmissible to the children of the marriage, in the event of the death of the donee spouse before the…

Read More »

Article 1094 of the French Civil Code

The spouse, either by marriage contract or during the marriage, may, in the event that he leaves no children or descendants, dispose in favour of the other spouse in property, of all that he could dispose of in favour of a foreigner.

Read More »

Article 1094-1 of the French Civil Code

In the event that the spouse leaves children or descendants, whether or not of the marriage, he or she may dispose in favour of the other spouse either of the ownership of what he or she could dispose of in favour of a stranger, or of one quarter of his or her property in ownership and the other three quarters in usufruct, or of all of his or her property…

Read More »

Article 1094-3 of the French Civil Code

The children or descendants may, notwithstanding any stipulation to the contrary by the disposing party, require, as regards the property subject to the usufruct, that an inventory of the movable property and a statement of the immovable property be drawn up, that the sums be applied and that the bearer securities be, at the option of the usufructuary, converted into registered securities or deposited with an approved custodian.

Read More »

Article 1095 of the French Civil Code

A minor may, by marriage contract, give to the other spouse, either by simple gift or by reciprocal gift, only with the consent and assistance of those whose consent is required for the validity of his marriage; and, with such consent, he may give all that the law permits the spouse of full age to give to the other spouse.

Read More »

Article 1096 of the French Civil Code

A gift of future property made between spouses during the marriage is always revocable. A gift of present property that takes effect during the marriage made between spouses is revocable only under the conditions set out in articles 953 to 958. Gifts made between spouses of present or future property are not revoked by the occurrence of children.

Read More »

Article 1098 of the French Civil Code

If a spouse has made to his or her spouse, within the limits of article 1094-1, a gift in property, each of the children who are not descended from both spouses shall have, as far as he or she is concerned, unless the disposing spouse wishes otherwise and unequivocally, the option of substituting for the execution of this gift the relinquishment of the usufruct of the share of the estate…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

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.

Useful links

You have a question in French Business Law?

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.