Article 1359 of the French Code of civil procedure
November 7, 2023
In the event of multiple summonses, the applicant for partition is the one who first had his summons registered at the registry of the judicial court.
In the event of multiple summonses, the applicant for partition is the one who first had his summons registered at the registry of the judicial court.
On pain of inadmissibility, the summons for partition shall contain a summary description of the assets to be partitioned and shall specify the claimant’s intentions as to the distribution of the assets and the steps taken with a view to reaching an amicable partition.
The court shall order the partition, if it can take place, or the sale by auction if the conditions set out in Article 1378 are met. When partition is ordered, the court may appoint a notary to draw up the deed recording the partition.
Without prejudice to the provisions of Article 145, an expert may be appointed during the proceedings to estimate the property or propose the composition of the lots to be distributed.
If lots are to be drawn, this shall be done before the notary appointed pursuant to the second paragraph of Article 1361 and, failing that, before the president of the judicial court or his delegate. If an heir is in default, the president of the judicial court or his delegate may, ex officio, when the draw takes place before him or on transmission of the minutes drawn up by the…
If the complexity of the operations justifies it, the court shall appoint a notary to carry out the partition operations and shall appoint a judge to supervise these operations. The notary shall be chosen by the co-partitioners and, failing agreement, by the court.
The notary shall summon the parties and request the production of any document useful to the accomplishment of his mission. He shall report to the judge assigned the difficulties encountered and may request from him any measure likely to facilitate the progress thereof. He may, if the value or consistency of the property justifies it, appoint an expert, chosen by mutual agreement between the parties or, failing that, designated by…
The notary may ask the assigned judge to summon the parties or their representatives, in his presence, to attempt conciliation between them. Failing conciliation, the assigned judge shall refer the parties to the notary, who shall draw up a report containing the parties’ respective statements and a draft liquidation statement.
The formal notice provided for in article 841-1 of the Civil Code is served on the defaulting heir. If the heir or his representative fails to appear by the date set in the formal notice, the notary draws up a report and forwards it to the judge appointed to designate a representative for the defaulting heir. The notary’s report is sent to the judge appointed to designate a representative for…
Within one year of his appointment, the notary will draw up a liquidation statement which establishes the accounts between the co-sharers, the shareable estate, the rights of the parties and the composition of the lots to be divided.
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is a Registered Trademark of
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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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