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According to Articles 1572, paragraph 1, and
Droit Immobilier

According to Articles 1572, paragraph 1, and

📅 Decision of 07 November 2018⚖️ Cour de cassation👁️ 20 views📖 2 min read

According to Articles 1572, paragraph 1, and 1574 of the Civil Code, all property belonging to a spouse on the day the matrimonial regime is dissolved forms part of the final patrimony, and existing property is valued according to its condition at the time of dissolution of the matrimonial regime and according to its value on the day of liquidation thereof. Consequently, where a spouse operates a business as a sole trader, the amount standing to the credit of the operator's account, which belongs to him, must be taken into account in determining the composition of his final patrimony and its valuation.

Reference decision: cc • N° 17-26.222 • 2018-11-07 • View the decision →

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

The situation

According to Articles 1572, paragraph 1, and 1574 of the Civil Code, all property belonging to a spouse on the day the matrimonial regime is dissolved forms part of the final patrimony, and existing property is valued according to its condition at the time of dissolution of the matrimonial regime and according to its value on the day of liquidation thereof. Consequently, where a spouse operates a business as a sole trader, the amount standing to the credit of the operator's account, which belongs to him, must be taken into account in determining the composition of his final patrimony and its valuation.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory deadlines for appeals
  • Keep all your supporting documents (deeds, legal instruments, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 17-26.222
  • Court: Cour de cassation
  • Decision of: 07 November 2018

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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