Article 752-1 of the French Civil Code
November 7, 2023
Representation does not take place in favour of ascendants; the nearest, in each of the two lines, always excludes the most distant.
Representation does not take place in favour of ascendants; the nearest, in each of the two lines, always excludes the most distant.
In the collateral line, representation is admitted in favour of the children and descendants of brothers or sisters of the deceased, either if they come to his succession concurrently with uncles or aunts, or if all the brothers and sisters of the deceased having predeceased, the succession devolves to their descendants in equal or unequal degrees.
In all cases where representation is admitted, partition is effected by stock, as if the represented person came to the succession; if applicable, it is effected by subdivision of stock. Within a stock or subdivision of a stock, partition is made by head.
We represent predeceased persons, we represent renouncers only in successions devolving in the direct or collateral line. Children of the renouncer conceived before the opening of the succession from which the renouncer has been excluded shall report to the renouncer’s succession the property they inherited in his place and stead, if they come in concurrence with other children conceived after the opening of the succession. The property is reported in…
Representation is admitted in favour of the children and descendants of the unworthy, even if the latter is alive when the succession is opened. The provisions set out in the second paragraph of article 754 are applicable to the children of the unworthy during his lifetime.
The successor spouse is called to the succession, either alone or in concurrence with the parents of the deceased.
If the predeceased spouse leaves children or descendants, the surviving spouse receives, at his or her option, the usufruct of the whole of the existing property or ownership of a quarter of the property where all the children are descended from both spouses and ownership of a quarter where there are one or more children who are not descended from both spouses.
If, in the absence of children or descendants, the deceased leaves his father and mother, the surviving spouse receives half of the property. The other half devolves one quarter to the father and one quarter to the mother. When the father or mother is predeceased, the share that would have fallen to them falls to the surviving spouse.
In the absence of children or descendants of the deceased and his or her father and mother, the surviving spouse receives the entire estate.
By way of derogation from article 757-2, in the event of the predecease of the father and mother, the property which the deceased had received from his ascendants by succession or gift and which is included in kind in the succession shall, in the absence of descendants, devolve half to the brothers and sisters of the deceased or to their descendants, themselves descendants of the predeceased parent or parents at…
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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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