Each heir may require the mandataire successoral to consult, at any time, the documents relating to the performance of his assignment. Each year and at the end of his assignment, the mandataire successoral shall submit to the judge and to each heir at his request a report on the performance of his assignment.
The judgment appointing the estate agent sets the duration of his assignment and his remuneration. At the request of one of the persons mentioned in the second paragraph of Article 813-1 or Article 814-1, it may extend it for a period it determines. The mission ceases ipso jure by the effect of an indivision agreement between the heirs or by the signing of the deed of partition. It also ceases…
Where the succession has been accepted by at least one heir, either purely and simply or up to the amount of the net assets, the judge who appoints the successoral mandatary pursuant to articles 813-1 and 814-1 may authorise him to carry out all acts of administration of the estate. He may also authorise him, at any time, to carry out acts of disposal necessary for the proper administration of…
In all circumstances, the heir accepting up to the amount of the net assets may ask the judge to appoint any qualified person as mandatary of the succession for the purpose of substituting him in the administration and liquidation of the succession.
No one may be compelled to remain in indivision and partition may always be brought about, unless it has been stayed by judgment or agreement.
The undivided co-owners may enter into agreements relating to the exercise of their undivided rights, in accordance with articles 1873-1 to 1873-18.
Any undivided co-owner may take the measures necessary for the conservation of the undivided property even if they are not of an emergency nature. He may use for this purpose the undivided property funds held by him and he is deemed to have free disposal of them with regard to third parties. In the absence of undivided property funds, he may oblige his co-undividers to make the necessary expenditure with…
The undivided co-owners holding at least two-thirds of the undivided rights may, by this majority: 1° Carry out acts of administration relating to the undivided property; 2° Give one or more of the undivided co-owners or a third party a general administration mandate; 3° Sell the undivided movable property to pay the debts and charges of the undivided co-ownership; 4° Conclude and renew leases other than those relating to a…
If one of the undivided co-owners is unable to express his will, another may be empowered by the court to represent him, generally or for certain specific acts, the conditions and extent of such representation being determined by the judge. In the absence of legal authority, mandate or empowerment by the court, acts performed by one undivided co-owner in representation of another have effect with regard to the latter, according…
An undivided co-owner may be authorised by a court to carry out alone an act for which the consent of a co-undivided co-owner would be required, if the latter’s refusal jeopardises the common interest. The judge may not, at the request of a bare owner, order the sale of the full ownership of a property encumbered by usufruct against the will of the usufructuary. A deed executed under the conditions…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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