It follows from Articles 1401 and 1403 of the Civil Code

This decision provides important insight into your property law. Here is what it changes for you.

The Situation

It follows from Articles 1401 and 1403 of the Civil Code that the products of the spouses' personal industry and the collected and unconsumed fruits of their separate property fall into the community of property. A Court of Appeal violates these provisions when, in deciding that stocks of eau-de-vie and pineau produced by a farm – the husband's separate property – are separate property, it holds that they are neither savings from the fruits and revenues of separate property within the meaning of Article 1401 of the Civil Code, nor collected and unconsumed fruits within the meaning of Article 1403 of the same Code, but rather an element of the spouse's farm assets, of which only the net results fall into the community.

What the Law Says

This decision confirms the fundamental principles of property law.

Key Points

• Strictly comply with legal time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

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