Where a change to the matrimonial property regime occurs by application of a foreign law governing the effects of the union, the spouses shall carry out the publicity formalities provided for in the Code of Civil Procedure. .
The change of matrimonial property regime takes effect between the parties from the date of the decision or deed providing for it and, with regard to third parties, three months after the publicity formalities provided for in Article 1397-5 have been completed. However, if these formalities have not been carried out, the change of matrimonial property regime may be relied on as against third parties if, in the acts concluded…
A minor who is capable of contracting marriage is capable of consenting to all agreements of which that contract is susceptible, and agreements and donations made by him are valid, provided that he was assisted in the contract by the persons whose consent is required for the validity of the marriage. If matrimonial agreements have been made without such assistance, their annulment may be requested by the minor or by…
An adult under guardianship or curatorship may not enter into matrimonial agreements without being assisted in the contract by his or her guardian or curator. Failing such assistance, the annulment of the agreements may be pursued within the year of the marriage, either by the protected person himself or herself, or by those whose consent was required, or by the guardian or curator. However, the person in charge of the…
The community, which is established in the absence of a contract or by the simple declaration that one is marrying under the community regime, is subject to the rules explained in the three sections that follow.
The community actively consists of the acquests made by the spouses together or separately during the marriage, and arising both from their personal industry and from savings made on the fruits and income of their own property.
All property, whether movable or immovable, is deemed to be acquired by the community unless it is proved that it belongs to one of the spouses by application of a provision of the law. If the property is one which does not in itself bear proof or mark of its origin, the personal ownership of the spouse, if it is contested, must be established in writing. In the absence of…
Each spouse retains full ownership of his or her own property. The community is entitled only to fruits collected and not consumed. But recompense may be due to it, on dissolution of the community, for fruits which the spouse has neglected to collect or has consumed fraudulently, without any search, however, being admissible beyond the last five years.
Forming private property by their nature, even if they were acquired during the marriage, are clothing and linen for the personal use of one of the spouses, actions for compensation for bodily or moral injury, non-transferable debts and pensions, and, more generally, all property which is personal in nature and all rights exclusively attached to the person. Instruments of work necessary for the profession of one of the spouses also…
Property which the spouses owned or possessed on the day of the celebration of the marriage, or which they acquire during the marriage by succession, gift or legacy, remains separate. The gift may stipulate that the property which is the subject of it shall belong to the community. The property falls into the community, unless otherwise stipulated, when the gift is made to both spouses jointly. Property abandoned or transferred…
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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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