Frequently asked questions about Famille

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My father is under a notarized future protection mandate. I am the agent. He intended to make a donation but could not do so before this measure was implemented. Is it still possible ?

Yes. A future protection mandate does not prevent the protected person from disposing of their property with the assistance of their agent. However, Article 490 paragraph 2 of the Civil Code requires the agent to obtain the authorization of the guardianship judge to "perform a disposition act for free." The…
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I was adopted (full adoption) several years ago. I no longer get along with my adoptive parents and wish to end the adoption. Is this possible?

No. Once granted, adoption is irrevocable (Civil Code, Article 359). However, Article 345-2 paragraph 2 of the Civil Code provides two exceptions: • A new adoption is possible if the adoptive parents have died. • A simple adoption may be granted for a child already fully adopted if there are…
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My mother, who has Alzheimer's disease, lives in a retirement home. The latter no longer has enough cash to finance it. Is it possible within the framework of a family authorization to ask the judge to buy back the premiums of her life insurance contract?

Yes . When a person is no longer able to express their will due to a medically confirmed alteration of their mental faculties, it is possible to request a family authorization from the guardianship judge. The authorization may be general or relate only to certain acts in regard to the…
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I am married under the community property regime and am in the process of getting divorced. I own my own property and I'm wondering if there are any costs involved in repossessing it?

Yes, you will be required to pay a fee to the notary in charge of liquidating the community estate, representing 0.5916% (incl. VAT) of the value of the property taken over. Added to this is the cost of any formalities. On the other hand, this value is not included in…
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It is a matter of public knowledge that I am my father’s daughter, but he never acknowledged me. He passed away last year. The notary tells me that I am not his heir unless a legal parent-child relationship is established. What does this mean?

To be considered an heir, you must be officially designated as his daughter. Since he can no longer acknowledge you, you may establish possession of status either by a notarised affidavit (Article 310-1 of the French Civil Code) or by a court judgment (Article 330 of the French Civil Code)…
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