No. The lease you signed must include certain mandatory information, including the effective date and the duration of the lease, as required by Article 3 of Law No. 89-462 of 6 July 1989. In most cases, the effective date is the date the lease is signed, not the date of…
Yes. Even though your son is under guardianship, he retains the capacity to perform certain legal acts independently. Your intervention is only required for more serious acts, for which a guardian would need judicial authorisation, as specified in Article 467 of the French Civil Code. Signing a residential lease for…
Yes. Under Article 736 of the French Civil Code, when a person dies without children, spouse, or siblings, their estate is divided equally between their parents. However, Article 916 specifies that parents are not protected heirs (héritiers réservataires). Therefore, your son was legally entitled to exclude his father from the…
No. The €31,865 allowance applies only to gifts made during the donor’s lifetime by grandparents to their grandchildren, as provided under Article 790 B, paragraph 1 of the French General Tax Code. In the context of inheritance, your grandson will only benefit from a €1,594 allowance, which is the standard…
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…
Yes. Under Article 725 of the French Civil Code, a child who was already conceived at the time of the deceased’s death may inherit, provided they are born viable. Since you have renounced the succession, your unborn child becomes the next heir to your mother’s estate. However, the renunciation on…
By law, the entry and exit inventories must be drawn up jointly and amicably by the parties or by a representative (Article 3-2, paragraph 1 of Law No. 89-462 of 6 July 1989). If this is not possible, you may request a commissaire de justice (formerly known as a bailiff)…
No. The co-tenancy rights granted to spouses under Article 1751 of the French Civil Code apply only to leases for premises used exclusively as a family residence. Since the property is used for both residential and professional purposes (mixed use), your spouse will not automatically become a co-holder of the…
Yes, but under specific conditions. In principle, both spouses must be present before the notary to sign the marriage contract (Article 1394 of the French Civil Code). However, case law allows a spouse to be represented by a third party. The representative must hold a special authentic power of attorney…
No. Article L132-11 of the French Insurance Code provides that “where life insurance in the event of death has been taken out without the designation of a beneficiary, the guaranteed capital or annuity forms part of the policyholder’s estate or succession.” Therefore, if no beneficiary is named in the contract…