French Code of civil procedure

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.

The period provided for in Article 1368 is suspended: 1° In the event of the appointment of an expert and until the report is submitted; 2° In the event of an auction ordered pursuant to Article 1377 and until the day of its definitive completion; 3° In the event of a request for the appointment of a qualified person pursuant to Article 841-1 of the Civil Code and until the…

Because of the complexity of the operations, an extension of the time limit, which may not exceed one year, may be granted by the judge hearing the case at the request of the notary or at the request of a co-partitioner.

The court appointed shall ensure that the division operations are carried out properly and that the time limit provided for in Article 1369 is observed. To this end he may, even ex officio, issue injunctions to the parties or to the notary appointed, impose penalty payments and replace the notary appointed by the court. He rules on claims relating to the estate for which he has been appointed.

If a deed of amicable partition is drawn up, pursuant to the provisions of article 842 of the Civil Code, the notary informs the judge, who declares the proceedings closed.

In the event of disagreement between the co-sharers on the draft liquidation statement drawn up by the notary, the notary shall forward to the assigned judge a report setting out the respective statements of the parties and the draft liquidation statement. The court registry shall invite the unrepresented parties to constitute a lawyer. The assigned judge may hear the parties or their representatives and the notary and attempt conciliation. He…

All applications made pursuant to Article 1373 between the same parties, whether made by the plaintiff or the defendant, shall constitute a single proceeding. Any separate application is inadmissible unless the basis of the claims arose or was revealed only after the report was drawn up by the assigned judge.

The court rules on the points of disagreement. It homologates the liquidation statement or refers the parties to the notary to draw up the deed recording the division. In the event of homologation, it orders, if necessary, the drawing of lots by the same decision, either before the assigned judge or before the assigned notary.

When the drawing of lots has been ordered, if an heir fails to appear, the judge assigned shall have the powers granted to the president of the judicial court in the second paragraph of Article 1363.