Frequently asked questions about Famille

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My friend passed away. She was unmarried, had no children, and no siblings. Her biological parents are still alive, and she had been adopted (simple adoption). Do the adoptive parents inherit?

Yes. Article 368-1 of the French Civil Code provides that the estate of a person who was adopted under a simple adoption is divided into two parts: one half goes to the biological family, and the other half to the adoptive family (Article 738-1 of the Civil Code).
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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 brother is in need. Our parents are deceased and he's not married with no children. Our relationship is very bad. Am I obliged to help him?

No. The French Civil Code does not provide for an obligation to provide support between brothers and sisters. However, the courts do recognize the existence of a natural obligation: this means that your brother in need cannot force you to help him, but that you can help him voluntarily. However…
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My widowed mother has passed away. To establish the certificate of notoriety (acte de notoriété), the notary is asking me to provide her family record book (livret de famille). I cannot find it. Can I obtain a copy?

No. In the event of loss, it is not possible to obtain a copy of the family record book. According to Article 15 of Decree No. 74-449 of 15 May 1974, only a second family record book may be issued, and only to spouses or parents who do not possess…
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I am married under the community property regime, but the family home belongs entirely to me. I have two children from a previous relationship. I’ve been told that if I were to pass away, my wife would have to leave the home. Is this true?

No. Pursuant to Article 764 of the French Civil Code, the surviving spouse may request a lifetime right of use and habitation (droit d’usage et d’habitation viager) over the property that was effectively used as the couple’s main residence at the time of death.
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