Article 1052 of the French Civil Code
It is up to the disposing party to prescribe guarantees and securities for the proper performance of the charge.
Home | French Legislation Articles | French Civil Code | Page 149
It is up to the disposing party to prescribe guarantees and securities for the proper performance of the charge.
The second gratified cannot be subject to the obligation to preserve and transmit. If the charge has been stipulated beyond the first degree, it remains valid but for the first degree only.
If the encumbered person is a reserved heir of the disposing person, the charge may only be imposed on the available portion. The donee may, however, accept, in the deed of gift or subsequently in a deed drawn up under the conditions provided for in Article 930, that the charge encumbers all or part of his reserve. The legatee may, within a period of one year from the day on…
The author of a gradual donation may revoke it in respect of the second gratified person as long as the latter has not notified the donor of his acceptance in the manner required for donations. By way of derogation from article 932, a gradual gift may be accepted by the second recipient after the donor’s death.
When the second gratified predeceases the indebted person or renounces the benefit of the gradual liberality, the property or rights that were the subject of it depend on the estate of the indebted person, unless the deed expressly provides that his heirs may receive it or designates another second gratified person.
It may be provided in a gift that a person will be called upon to receive what remains of the gift or bequest made to a first donee on the death of the latter.
A residual gift does not oblige the first beneficiary to keep the property received. It obliges him to pass on the surviving property. Where the property, the subject of the residual liberality, has been alienated by the first gratified, the rights of the second beneficiary are carried over neither to the proceeds of such alienations nor to the new property acquired.
The first beneficiary may not dispose of the property given or bequeathed as a residual gift by will. The residual gift may prohibit the first beneficiary from disposing of the property by gift inter vivos. However, where he or she is a reserved heir, the first beneficiary retains the possibility of disposing inter vivos or mortis causa of the property that has been given in advance of the share of…
The first grantee is not required to account for its management to the disposing party or its heirs.
The provisions set out in articles 1049, 1051, 1052, 1055 and 1056 are applicable to residual gifts.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.