Article 1298 of the French Code of civil procedure
November 7, 2023
Within one year of the completion of these formalities, the creditors of either spouse may lodge a third-party objection against the separation judgment.
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.
A copy of the notarial deed that modifies or completely changes the matrimonial property regime is attached to the request.
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 day on which the probate decision acquires the force of res judicata.
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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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