April 17, 2019

According to the original Civil Code, succession devolution was based mainly on kinship, and only incidentally on marriage. The surviving spouse was therefore generally relegated to the background.

Today, particularly because of the growing popularity of the nuclear family, formed by the couple and their children, the legislator has been led to promote the surviving spouse in the field of inheritance.

The extension of the succes...

April 17, 2019

The risks of cohabitation in relation to marriage: a woman who owns property in joint ownership with her cohabitant is obliged to repay the latter and therefore to pay a second time her share of the contracted loan in order to acquire the undivided property.

The legal regime of cohabitation is less regulated than that of marriage and that of PACS, which is not necessarily the case for cohabitants, who are therefore subject to o...

April 17, 2019

With the advent of the Internet, marriage brokerage has changed, and in recent years we have witnessed the development of large corporate players such as Meetic or Attractive World. Can these companies do as they please?

First of all, it should not be forgotten that they must respect the law that regulates matrimonial brokering. According to Article 6 of the law of June 23rd, 1989 on consumer information and protection, "the of...

April 17, 2019

According to the Office of Research, Studies, and the Evaluation of Statistics (Drees), 4.4 million people were receiving a revised pension at the end of 2016, or a quarter of the 17.2 million pensioners in France.

According to Le Monde, if they meet the conditions imposed by his former spouse's plan, the beneficiary of a reversionary pension will ultimately receive between 50% and 60% of the deceased's pension. According to a...

April 17, 2019

In the event of the dissolution of a couple with a foreign element, the risk of severing parent-child ties is increased, with one parent sometimes expressing a desire to return to live with the children in his or her country of origin.

In order to maintain these links, in 2002, the legislator included two rules in the Civil Code. First, Article 373-2, Paragraph 2 sets out a duty to maintain contact between the child and his or...

April 17, 2019

Can a spouse transfer the family home without the consent of his or her spouse?

To this recurrent question in practice, the legislator has introduced strict housing protection rules in cases where a spouse would jeopardize the interests of the family.

Regardless of the matrimonial regime of the spouses and the title under which the family dwelling is occupied, it houses the family unit.

And to ensure better protection, the law ha...

April 17, 2019

If fidelity within a couple is still considered "essential" for three quarters of the French people questioned in 2017, it must be noted that this conjugal duty, provided for by article 212 of the Civil Code (which must be read by the mayor to the future spouses at the time of their union) appears to be on the way out. This phenomenon can be seen both in the facts and in the decisions of the judges.

First of all, an IFOP study...

April 17, 2019

Act No. 2017-258 of 28 February 2017 allows the experimentation of an electronic protection system for victims of domestic violence, based on the model of the one provided for in the previous Act of July 9th, 2010.

The law of July 9th, 2010 introduced measures to protect victims of violence in articles 515-9 of the Civil Code.

Article 515-9 of the Civil Code allows the Family Court to issue an urgent protection order when violen...

April 17, 2019

Marrying without a marriage contract also means opting by default for the so-called “legal regime”, whose failure to comply with the applicable rules is a violation of public order.

I. Why choose a matrimonial regime before getting married?

The law of matrimonial property regimes is the set of rules that govern the property of spouses during and after the dissolution of the marriage.

In addition to the primary mandatory regime im...

April 17, 2019

A mother's parent-child relationship with the child is established without great difficulty, by designating the mother in the child's birth certificate, whether or not she is married, and without her having to apply for recognition (article 311-25 of the Civil Code), establishing the father's parentage may prove more problematic, but the parent-child relationship has a real impact on parental authority.

In French law, there are...

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Cabinet Aurélie Thuegaz  23, rue Henri Barbusse 75005 Paris

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