Frequently asked questions about Famille

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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 lived with one person for thirty years. We wanted to get married, the banns had been published, but he died before the ceremony. Can I have our marriage registered after his death?

Yes, in exceptional cases, posthumous marriage may be authorized by the President of the Republic under article 171 of the French Civil Code. Two conditions must be met: it must be proven that the deceased really wished to marry, based on a sufficient number of facts (his or her behavior…
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4 years ago my father took out a loan to buy his house. The bank then registered a mortgage on the property. We recently had him placed under curatorship. We've just learned that he hasn't paid the last instalments and that the bank is threatening to...

...seize his house. Is this possible despite the protective measure? Yes. The protection of the protected person's home has the effect of limiting the acts that his representative can perform (art. 426 C. civ.). However, this does not mean that the property cannot be seized by creditors, in this case…
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My mother has a notarised lasting power of attorney (mandat de protection future), and I am her attorney. She used to make regular monetary gifts to her grandchildren, and I am continuing this practice. The notary says this is not allowed. Is he correct?

Yes. The law prohibits the attorney from carrying out acts of gratuitous disposal (such as a gift) on behalf of the protected person without the prior authorisation of the guardianship judge (Article 490 of the French Civil Code)
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