Frequently asked questions about Famille

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I am married under the regime of legal community. I must receive compensation in accordance with a decision of the industrial tribunal, in compensation for my moral damage following the harassment to which I was subjected by my employer (...)

... Will the amount collected fall under the community? No. If the community consists of all the property acquired during the marriage by the couple, the indemnities which are exclusively attached to the person of the husband or wife following an action for compensation for bodily injury or moral, constitute…
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I wish to adopt (simple adoption) the adult children of my wife. I have adult children myself, born from a previous union. Do they have to consent to this adoption ?

No . When the adopter himself has children, the court called upon to rule in regard to the adoption verifies that it is not likely to compromise family life (art. 353, para. 3 C. civ. by 361 reference). However, as part of the documents which need to be provided in…
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My cousin passed away. She was married but separated from her spouse. She had no children, no siblings and her parents passed away as well. In her will, she bequeathed all of her real estate to me. My notary tells me that if I give up (...)

... her property will revert to her spouse. Is it correct? Yes . Renunciation of a bequest has the effect of rendering the testamentary disposition null and void (art. 1043 C. civ.). The devolution of inheritance then takes place as if this provision had never existed. Since your cousin has…
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I am married under the regime of legal community. I must receive compensation in accordance with a decision of the industrial tribunal, in compensation for my moral damage following the harassment to which I was subjected by my employer (...)

... Will the amount collected fall under the community? No. If the community consists of all the property acquired during the marriage by the couple, the indemnities which are exclusively attached to the person of the husband or wife following an action for compensation for bodily injury or moral, constitute…
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My partner to whom I was not married has passed away. He had entered into a mandate for future protection and appointed our daughter as mandatary. This convention has never been implemented. Can my daughter invoke it to settle the estate on her own?

No. The purpose of the mandate for future protection is to allow a designated person (the mandatary) to represent the mandator who could no longer provide for his interests alone (article 477 of the Civil Code). This mandate ends on the death of the principal, whether it has been implemented…
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