Article 1428 of the French Civil Code
Each spouse has administration and enjoyment of his or her own property and may dispose of it freely.
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Each spouse has administration and enjoyment of his or her own property and may dispose of it freely.
If one of the spouses is permanently unable to express his or her will, or if he or she jeopardises the interests of the family, either by allowing his or her own property to wither, or by dissipating or misappropriating the income he or she derives from it, he or she may, at the request of his or her spouse, be divested of the rights of administration and enjoyment granted…
If, during the marriage, one spouse entrusts the other with the administration of his or her own property, the rules of the power of attorney apply. The mandating spouse is, however, exempt from rendering an account of the fruits, where the power of attorney does not expressly require him or her to do so.
When one of the spouses takes over the management of the other’s own property, with the other’s knowledge, and nevertheless without opposition on his part, he is deemed to have received a tacit mandate, covering acts of administration and enjoyment, but not acts of disposal. This spouse is answerable to the other for his management as a mandatary. He is, however, accountable only for existing fruits; for those he may…
The community owes a reward to the owner spouse whenever it has benefited from own property. This is the case, in particular, when it has received own money or money from the sale of own property, without it having been used or reused. If a dispute is raised, proof that the community has benefited from own property may be administered by any means, even by testimony and presumptions.
Use or reinvestment is deemed to be made with regard to a spouse whenever, at the time of an acquisition, he has declared that it was made from his own funds or from the alienation of an own, and to take the place of use or reinvestment. In the absence of such a declaration in the deed, the use or reinvestment takes place only by the agreement of the spouses,…
If the use or reinvestment is made in advance, the property acquired is the community’s own, provided that the sums expected from the community’s own assets are paid to the community within five years of the date of the deed.
When the price and costs of the acquisition exceed the sum used or reused, the community is entitled to a reward for the excess. If, however, the community’s contribution is greater than that of the acquiring spouse, the property acquired falls into the community, except for the reward due to the spouse.
Whenever a sum is taken from the community, either to pay debts or charges personal to one of the spouses, such as the price or part of the price of property belonging to him or her or the redemption of land services, or for the recovery, conservation or improvement of his or her personal property, and generally whenever one of the two spouses has derived a personal profit from community…
If the father and mother have jointly endowed the common child without expressing the portion to which they intended to contribute, they are deemed to have each endowed half, either if the dowry was provided or promised in community property, or if it was provided in the personal property of one of the two spouses. In the second case, the spouse whose personal property has been constituted as a dowry…
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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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