Reference decision: cc • N° 85-17.277 • 1987-12-01 • View the decision →
This decision provides important insight into your family and estate rights. Here is what it changes for you.
The situation
It follows from the combined effect of Articles 826 and 830 of the French Civil Code that the rule of partition in kind admits of an exception where an heir has taken some asset of the estate the value of which they must bring to account (collate), and the other heirs set aside from the estate a portion equal to the amount of that accounting.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for bringing a challenge
- Keep all your supporting documents (title deeds, instruments and correspondence)
- Plan ahead: preventive legal advice is always cheaper than a dispute
To have your situation analysed: 30-minute consultation at €70 with Maître Perucca.
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