Book III: Different ways of acquiring property

The spouse, either by marriage contract or during the marriage, may, in the event that he leaves no children or descendants, dispose in favour of the other spouse in property, of all that he could dispose of in favour of a foreigner.

In the event that the spouse leaves children or descendants, whether or not of the marriage, he or she may dispose in favour of the other spouse either of the ownership of what he or she could dispose of in favour of a stranger, or of one quarter of his or her property in ownership and the other three quarters in usufruct, or of all of his or her property…

The children or descendants may, notwithstanding any stipulation to the contrary by the disposing party, require, as regards the property subject to the usufruct, that an inventory of the movable property and a statement of the immovable property be drawn up, that the sums be applied and that the bearer securities be, at the option of the usufructuary, converted into registered securities or deposited with an approved custodian.

A minor may, by marriage contract, give to the other spouse, either by simple gift or by reciprocal gift, only with the consent and assistance of those whose consent is required for the validity of his marriage; and, with such consent, he may give all that the law permits the spouse of full age to give to the other spouse.

A gift of future property made between spouses during the marriage is always revocable. A gift of present property that takes effect during the marriage made between spouses is revocable only under the conditions set out in articles 953 to 958. Gifts made between spouses of present or future property are not revoked by the occurrence of children.

If a spouse has made to his or her spouse, within the limits of article 1094-1, a gift in property, each of the children who are not descended from both spouses shall have, as far as he or she is concerned, unless the disposing spouse wishes otherwise and unequivocally, the option of substituting for the execution of this gift the relinquishment of the usufruct of the share of the estate…

The spouses may not give indirectly to each other beyond what is permitted by the above provisions.

When one spouse acquires property with money given to him or her by the other for this purpose, the gift is only of the money and not of the property for which it is used. In this case, the rights of the donor or his or her heirs are concerned only with a sum of money according to the current value of the property. If the property has been alienated,…