Frequently asked questions about Famille

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My brother is considering to adopt his spouse's 2 minor children, she had them before. It would be a simple adoption. Our elderly mother is a widow. In the event that my brother dies before our mother, will the adopted children inherit her?

Yes, but…In the context of a simple adoption, the adopted child inherits from his family of origin and also from his adoptive family (Articles 364 and 368 of the Civil Code). If your brother were to predecease your mother, his adopted children would represent their father in his mother's estate…
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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 boyfriend and I want to get married. We are 19 years old. He's a foreigner, and in his country the age of majority is 21. Can we still enter a civil partnership in France?

No, only individuals of legal age are permitted to enter a civil union (Art. 515-1 C. civ.). Additionally, as it involves a contract, one must also possess the capacity to contract. For persons of foreign nationality, their legal capacity is determined by the laws of their respective countries (Art. 3…
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A few years ago, my mother signed a mandate for future protection and appointed me as her proxy. Today, she seems to be losing her memory and isn't always aware of what she's doing. How do I go about implementing this measure?

If it appears that your mother is no longer capable of looking after her own interests, you must inform her of your intention to implement the mandate. Her condition must then be certified by a doctor chosen from a list drawn up by the public prosecutor. This medical certificate and…
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My cousin passed away. She was married but separated from her spouse. She had no children, no siblings and her parents passed away as well. In her will, she bequeathed all of her real estate to me. My notary tells me that if I give up (...)

... her property will revert to her spouse. Is it correct? Yes . Renunciation of a bequest has the effect of rendering the testamentary disposition null and void (art. 1043 C. civ.). The devolution of inheritance then takes place as if this provision had never existed. Since your cousin has…
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