Article 1296 of the French Code of civil procedure
November 7, 2023
The judgment rejecting the application for separation of property is published in accordance with paragraph 2 of article 1292.
The judgment rejecting the application for separation of property is published in accordance with paragraph 2 of article 1292.
Enforcement of the decision is not enforceable against the creditors of the spouses if it began before the formalities provided for in article 1294.
Within one year of the completion of these formalities, the creditors of either spouse may lodge a third-party objection against the separation judgment.
The defendant spouse’s admission is not evidence, even if there is no creditor.
The information provided for in the second paragraph of article 1397 of the Civil Code is notified to the persons who had been parties to the marriage contract, to the adult children of each spouse or to their representative in the event of a legal protection measure and to the tutor responsible for representing the minor children where applicable. The content of this information as well as that of the…
Oppositions made by the persons referred to in the second and third paragraphs of Article 1397 of the Civil Code are notified to the notary who drew up the deed. He informs the spouses. In the event of opposition, it is up to the spouses to submit a request in the forms provided for in paragraph 2 of this section.
The notary must mention the change of matrimonial property regime in the margin of the marriage certificate. The notary sends the civil registrar an extract from the act and a certificate drawn up by the notary specifying the date on which the formalities of information and publication of the notice were completed and attesting to the absence of opposition.
The time limit for carrying out, where applicable, the formalities for land registration of the deed recording the change of matrimonial property regime runs from the expiry of the three-month period provided for in the second and third paragraphs of Article 1397 of the Civil Code. The deed subject to publication is accompanied by the certificate referred to in article 1300-2.
The application for homologation of a change of matrimonial property regime is brought before the family court of the family’s place of residence. An extract of the application is forwarded by the applicants’ lawyer to the registries of the judicial courts within whose jurisdiction both spouses were born, for retention in the civil register and publicity by mention in the margin of the birth certificate in accordance with the procedures…
The homologation of a change of matrimonial property regime is a non-contentious matter and obeys the rules applicable to this procedure before the judicial court.
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.
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
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
Resources
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
Useful links
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.
