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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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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We have just gotten married without a contract, but we have changed our minds and wish to divide our property. Is there a deadline to make this change?

No . Since 2019 it is no longer mandatory to wait two years before being able to change the matrimonial regime. Note : this change must always be carried out in the interest of the family (art. 1397 C. civ.).
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As part of a process of medically assisted procreation, my partner and I must go to a notary to obtain our consent. Is this agreement subject to registration fees ?

No. Article 847 bis of the General Tax Code provides for an exemption from registration fees; in regard to the prior consent to be obtained by a notary (article 342-10 of the Civil Code). As an extension of the bioethics law of August 2, 2021, which extends medically assisted reproduction…
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A few months before her death, my mother took out a loan from a bank. However, I had taken steps to have her placed under guardianship. She died before the judge made his decision. Can I still take legal action and request the cancellation of this loan?

Yes . When a person benefits from a guardianship, only his guardian can request the annulment of the act for insanity of mind (art. 414-2 C. civ. and 475 al. 1 C. civ.) for the protected person's account. This action can also be brought by his heirs but only in…
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