Article 741 of the French Civil Code
November 8, 2023
The closeness of kinship is established by the number of generations; each generation is called a degree.
The closeness of kinship is established by the number of generations; each generation is called a degree.
The sequence of degrees forms the line; a direct line is the sequence of degrees between persons who are descended from each other; a collateral line is the sequence of degrees between persons who are not descended from each other, but who are descended from a common author. A distinction is made between a direct descending line and a direct ascending line.
In the direct line, as many degrees are counted as there are generations between the persons: thus, the child is, with regard to the father and mother, in the first degree, the grandson or granddaughter in the second; and conversely the father and mother with regard to the child and the forefathers with regard to the grandson or granddaughter; and so on. In collateral lines, the degrees are counted by…
In each order, the nearest heir excludes the heir further back in degree. In equality of degree, the heirs succeed by equal portions and per head. All except what will be said below about division by branches and representation.
Collateral relatives falling within the order of heirs mentioned in 4° of article 734 do not succeed beyond the sixth degree.
Kinship is divided into two branches, depending on whether it proceeds from the father or the mother.
When the estate devolves to ascendants, it is divided equally between those of the paternal branch and those of the maternal branch.
In each branch succeeds, to the exclusion of all others, the ascendant who is in the nearest degree. Ascendants in the same degree succeed by head. In the absence of an ascendant in one branch, ascendants in the other branch receive the entire succession.
When the estate devolves to collaterals other than brothers and sisters or their descendants, it is divided equally between those of the paternal branch and those of the maternal branch.
In each branch succeeds, to the exclusion of all others, the collateral who is in the nearest degree. Collaterals in the same degree succeed by head. In the absence of a collateral in one branch, collaterals in the other branch receive the entire succession.
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is a Registered Trademark of
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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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