Frequently asked questions about Donation

No. Article 1094-1 of the French Civil Code states in its 1st paragraph that "In the event that a spouse leaves children or descendants, whether or not from the marriage, he or she may dispose in favor of the other spouse either of the property he or she could dispose…

No. The urban pre-emption right allows public authorities (municipalities, local communities, etc.) to substitute themselves for the buyer or donee in the case of a transfer of property, such as a sale or donation (Art. L210-1 et seq., Urban Planning Code). Exception: there is no pre-emption right when the donation…

No. It all depends on your deed of gift. If it was expressly stipulated that the gift concerned the property and the furniture, then you are the owner of the furniture. Conversely, if your uncle only gave you bare ownership of the property, he retained ownership of the furniture.

Yes. Donations escape pre-emption only when made to ascendants, descendants, or relatives up to the 6th degree (Urban Planning Code, Article L213-1-1). Unless your neighbor is related to you and the property lies in a pre-emption zone, the municipality may pre-empt.

Yes. It must be accepted by a legal representative, and generally must be notarized (Civil Code, Articles 931 and 932).