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Article 782 of the French Civil Code

Pure and simple acceptance may be express or tacit. It is express when the successor takes the title or capacity of accepting heir in a notarial or private deed. It is tacit when the successor seised performs an act which necessarily implies his intention to accept and which he would only be entitled to do as an accepting heir.

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Article 783 of the French Civil Code

Any assignment, whether free of charge or for consideration, made by an heir of all or part of his rights in the succession entails pure and simple acceptance. The same applies to: 1° A renunciation, even gratuitous, made by an heir in favour of one or more of his co-heirs or heirs of subsequent rank; 2° A renunciation made by him, even in favour of all his co-heirs or heirs…

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Article 784 of the French Civil Code

Acts that are purely conservatory or supervisory and acts of provisional administration may be performed without entailing acceptance of the succession, if the successor has not taken the title or capacity of heir. Any other act required by the interest of the succession and that the successor wishes to perform without taking the title or capacity of heir must be authorised by the judge. The following are deemed to be…

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Article 785 of the French Civil Code

A universal heir or heir by universal title who purely and simply accepts the succession is indefinitely liable for the debts and charges that depend on it. He is only liable for legacies of sums of money up to the amount of the succession’s assets net of debts.

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Article 786 of the French Civil Code

An heir who accepts purely and simply may no longer renounce the succession or accept it up to the amount of the net assets. However, he may apply to be discharged in whole or in part from his obligation to a succession debt of which he had legitimate grounds for being unaware at the time of acceptance, where payment of that debt would have the effect of seriously impairing his…

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Article 788 of the French Civil Code

The declaration must be made at the clerk’s office of the court in whose jurisdiction the succession is opened or before a notary. It includes the election of a single domicile, which may be the domicile of one of the acceptors up to the net assets, or that of the person responsible for settling the estate. The domicile must be in France. The declaration is registered and advertised nationally, which…

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Article 789 of the French Civil Code

The declaration is accompanied or followed by the inventory of the estate, which includes an item-by-item estimate of the assets and liabilities. The inventory is drawn up by a judicial auctioneer, bailiff or notary, in accordance with the laws and regulations applicable to these professions.

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Article 790 of the French Civil Code

The inventory is filed with the court within two months of the declaration. The heir may apply to the judge for an extension if he can show serious and legitimate grounds for delaying the filing of the inventory. In this case, the two-month time limit is suspended from the date of the request for an extension. The filing of the inventory is subject to the same publicity as the declaration….

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Article 791 of the French Civil Code

Acceptance up to the net assets gives the heir the advantage: 1° Of avoiding the confusion of his personal property with that of the succession; 2° Of retaining against it all the rights he previously had over the deceased’s property; 3° Of being liable for payment of the succession’s debts only up to the value of the property he has received.

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