Yes. Article 924-4 of the French Civil Code stipulates that heirs with reserved rights may bring an action for reduction or revendication against third parties holding real estate that was donated and subsequently disposed of by the recipient. In practical terms, if your father's gift encroaches on your brothers' and…
Yes. In accordance with Article 734 of the French Civil Code, in the absence of a surviving spouse, children and their descendants constitute the first order of heirs. Article 913-1 of the Civil Code specifies that all descendants are included under the term 'children,' “ even though they are to…
Yes. In principle, nothing prevents you from enclosing the building, unless otherwise stipulated in the easement deed. If this is not the case, article 701 of the French Civil Code prohibits the owner of the servient land from "diminishing its use or making it more inconvenient". So, if you decide…
No. Article 12-1 of the French National Rules of Notaries prescribes that the notary must, as a rule, have the parties to the deed sign in his office. Exceptionally, he may have them sign at other specified locations, such as a hospital. Article L 221-2 7° of the French Consumer…
Yes, but under certain conditions. In principle, only some people can ask the guardianship judge to open a protective measure (art. 430 C. civ.). These are, first and foremost, the person to be protected and his or her immediate family. Third parties should therefore not be able to apply for…
No. Professional leases are governed by article 57 A of law no. 86-1290 of December 23, 1986, which does not give the lessee any right of pre-emption. This means that you are not obliged to offer him the sale of your property as a priority. You should, however, check that…
Yes. It is possible to draw up a "future protection" mandate before a notary, in which you appoint a trustworthy person to look after your child's interests. You must be materially and emotionally responsible for your child at the time the mandate is signed, and the child must be unable…
Yes. Everything depends on how you draft your deed of gift. If nothing has been stipulated, as the gift is irrevocable, the law does not allow you to recover your property. On the other hand, if a "conventional return clause" has been provided for in the event of the predecease…
Yes, under certain conditions. It is possible to benefit from an exemption from capital gains tax when the property sold constitutes the seller's principal residence on the day of sale (art. 150 U CGI). For tax purposes, this residence can only be a residential property. Legally, a barge is a…