Where descendants of different degrees contribute to the same shared gift, the division is made by stock. Allocations may be made to descendants of different degrees in some stocks and not in others.
Divorce gifts made to descendants of different degrees may include the agreements provided for in articles 1078-1 to 1078-3.
In the estate of the ascendant donor, property received by children or their descendants by way of early division is set off against the share of the reserve due to their stock and subsidiarily against the available share. All gifts made to members of the same stock are set off together, regardless of the degree of relationship with the deceased. When all the children of the donor ascendant have given…
In the succession of a child who has consented to his or her own descendants being allotted in his or her place, the property received by them from the ascendant is treated as if they held it from their direct originator. Such property is subject to the rules governing gifts inter vivos for notional reunion, imputation, report and, where applicable, reduction. However, where all the descendants have received and accepted…
The rules laid down in article 1078-9 shall not apply where a child who has consented to his own descendants being allotted in his stead subsequently himself makes, with the latter, a shared gift incorporating the property previously received under the conditions set out in Article 1078-4. This new shared gift may include the agreements provided for in articles 1078-1 and 1078-2.
The testament-partage produces the effects of a partition. Its beneficiaries may not waive their right to rely on the will to claim a new partition of the estate.
A beneficiary who has not received a lot equal to his share of the reserve may bring an action for reduction in accordance with article 1077-2.
Any gift inter vivos of present property, although made by marriage contract to the spouses, or to one of them, shall be subject to the general rules prescribed for gifts made on that account. It may not be made for the benefit of unborn children, except in the cases set out in Chapter VI of this Title.
The father and mother, other ascendants, collateral relatives of the spouses, and even strangers, may, by marriage contract, dispose of all or part of the property which they leave on the day of their death, both for the benefit of the said spouses, and for the benefit of the unborn children of their marriage, in the event that the donor survives the donee spouse. Such a gift, although made for…
The donation in the form set out in the preceding article shall be irrevocable only in the sense that the donor may no longer dispose of, free of charge, the objects included in the donation, other than for modest sums, by way of reward or otherwise. .
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.
