Violates Articles 267, in its

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Violates articles 267, in its wording prior to Law No. 2004-439 of 26 May 2004, and 1527 of the Civil Code, the Court of Appeal which held that a gift-partition granted to donees married under the legal regime with an express stipulation that the gifted property must fall into the community of property existing between the donees and their respective spouses constitutes a matrimonial advantage, whereas such a transaction does not constitute a revocable matrimonial advantage, the matrimonial advantages which result directly from the operation of the matrimonial regime being constituted solely by the profits which either spouse may derive from the clauses of a conventional community or which may result from the mingling of movables or debts.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, letters)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.