The spouses may, in their marriage contract, modify the legal community by any kind of agreement not contrary to articles 1387, 1388 and 1389. They may, in particular, agree: 1° That the community will include movables and acquests; 2° That there will be a derogation from the rules concerning administration; 3° That one of the spouses will have the option of taking certain assets in return for compensation; 4° That…
Where the spouses agree that there shall be community of movables and acquests between them, the common assets shall include, in addition to the property which would form part of them under the regime of legal community, the movable property of which the spouses had ownership or possession on the day of the marriage or which has fallen to them since then by succession or gift, unless the donor or…
Under this regime, in addition to the debts that would form part of it under the legal regime, a fraction of the debts of which the spouses were already burdened when they married, or of which they are burdened by successions and gifts that fall to them during the marriage, are included in the joint liabilities. The fraction of liabilities that the community must bear is proportional to the fraction…
The debts for which the community is liable in consideration of the property it receives are definitively its responsibility.
Creditors may not be prejudiced by the distribution of pre-marital liabilities or liabilities arising from successions and gifts. They retain, in all cases, the right to seize the assets that previously formed their pledge. They may even pursue payment against the whole of the community where their debtor’s furniture has been merged into the joint estate and can no longer be identified in accordance with the rules of Article 1402.
The spouses may agree that they will jointly administer the community. In this case, acts of administration and disposal of community property are made under the joint signature of both spouses and they automatically entail joint and several obligations. Conservatory acts may be made separately by each spouse.
The spouses may stipulate that the survivor of either of them, or one of them if he or she survives, or even one of them in all cases of dissolution of the community, shall have the option of taking certain community property, on condition that he or she take account of it in the community according to the value it will have on the day of the partition, if it…
The marriage contract may set valuation bases and terms for payment of any balance. Taking these clauses into account and failing agreement between the parties, the value of the property will be set by the judicial court.
The right of withdrawal lapses if the beneficiary spouse has not exercised it by notifying the other spouse or his or her heirs within one month of the day on which the latter gave him or her formal notice to take a decision. This formal notice may not itself take place before the expiry of the period provided for in the title: “Estates” for making an inventory and deliberating. .
The levy is a division transaction: the property levied is set off against the beneficiary spouse’s share; if its value exceeds that share, a balance is payable. The spouses may agree that the compensation due by the levier will be set off subsidiarily against his or her rights in the predeceased spouse’s estate.
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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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