Article 746 of the French Civil Code
Kinship is divided into two branches, depending on whether it proceeds from the father or the mother.
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Kinship is divided into two branches, depending on whether it proceeds from the father or the mother.
When the estate devolves to ascendants, it is divided equally between those of the paternal branch and those of the maternal branch.
In each branch succeeds, to the exclusion of all others, the ascendant who is in the nearest degree. Ascendants in the same degree succeed by head. In the absence of an ascendant in one branch, ascendants in the other branch receive the entire succession.
When the estate devolves to collaterals other than brothers and sisters or their descendants, it is divided equally between those of the paternal branch and those of the maternal branch.
In each branch succeeds, to the exclusion of all others, the collateral who is in the nearest degree. Collaterals in the same degree succeed by head. In the absence of a collateral in one branch, collaterals in the other branch receive the entire succession.
Representation is a legal fiction whose effect is to call to succession the representatives to the rights of the principal.
Representation takes place ad infinitum in the direct descending line. It is admitted in all cases, either where the children of the deceased compete with the descendants of a predeceased child, or where all the children of the deceased having died before him, the descendants of the said children are found among themselves in equal or unequal degrees.
Representation does not take place in favour of ascendants; the nearest, in each of the two lines, always excludes the most distant.
In the collateral line, representation is admitted in favour of the children and descendants of brothers or sisters of the deceased, either if they come to his succession concurrently with uncles or aunts, or if all the brothers and sisters of the deceased having predeceased, the succession devolves to their descendants in equal or unequal degrees.
In all cases where representation is admitted, partition is effected by stock, as if the represented person came to the succession; if applicable, it is effected by subdivision of stock. Within a stock or subdivision of a stock, partition is made by head.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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