The amount of the reduction indemnity is calculated on the basis of the value of the property given or bequeathed at the time of the partition or its alienation by the beneficiary and according to its condition on the day the gift took effect. If there has been subrogation, the calculation of the reduction indemnity takes into account the value of the new assets at the time of partition, based…
The reduction indemnity is payable at the time of partition, unless the co-heirs agree otherwise. However, where the liberality relates to one of the assets that may be the subject of a preferential allotment, time limits may be granted by the court, taking into account the interests involved, if they have not been granted by the disposing party. Under no circumstances may the granting of such time limits have the…
After prior discussion of the assets of the debtor of the indemnity in reduction and in the event of the latter’s insolvency, the heirs with reserve may bring an action in reduction or revendication against the third party holders of the immovables forming part of the gifts and alienated by the donee.The action is brought in the same way as against the donees themselves and according to the order of…
Where testamentary dispositions exceed either the available portion or the portion of this portion remaining after deducting the value of inter vivos gifts, the reduction shall be made by the marc le franc, without any distinction between universal legacies and particular legacies.
Nevertheless in all cases where the testator has expressly declared that he intends such a legacy to be discharged in preference to the others, this preference shall take place; and the legacy which is the subject thereof shall be reduced only to the extent that the value of the others would not fulfil the legal reserve.
Where the reduction is carried out in kind, the donee returns the fruits of what exceeds the available portion, from the day of the donor’s death, if the application for reduction is made within the year; otherwise, from the day of the application.
Any presumptive reserved heir may renounce the right to bring an action for reduction in an unopened succession. Such renunciation must be made in favour of one or more specified persons. The renunciation is binding on the renouncing person only from the day on which it was accepted by the person he is entitled to inherit. The renunciation may relate to an attack on the whole of the reserve or…
The renunciation is drawn up by a specific deed received by two notaries. It is signed separately by each renunciant in the presence of the notaries alone. It states precisely its future legal consequences for each renunciant. The renunciation is void where it has not been drawn up under the conditions set out in the previous paragraph, or where the consent of the renunciant has been vitiated by error, fraud…
The capacity required of the renouncing party is that required to make an inter vivos gift. However, an emancipated minor may not renounce in advance the action in reduction. Renunciation, whatever its terms, does not constitute a liberality.
Renunciation has no effect if the renouncing party’s reserve estate has not been affected. If the hereditary reserve has only been partially infringed, the renunciation only produces effects up to the amount of the infringement of the renouncing party’s reserve resulting from the liberality granted. If the reserve is impaired to a greater extent than that provided for in the renunciation, the excess is subject to reduction. A renunciation relating…
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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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