It should be noted that article 1581 of the Civil Code expressly allows lice to accept that in the event of the death of one of them, the survivor will© not©benefit from the interest©© of the net©©acquired by the©other©. In addition, the marriage contract may provide for the payment of certain assets of lice to the debtor of the participating loan in favor of loan lice©, even in the event©of©divorce.©© © The spouse is not required to pay the application if his or her net profits are greater than those of the deceased spouse. The amount of the application for participation is a benefit that is not taxed free of charge on the transfer duties. The right to participate is generally payable in cash. Exceptionally, it is paid in kind (the debtor transfers ownership of one of his assets to his spouse) if: The method consists of offsetting the respective claims and then calculating the participation claim (by halving the net compensation). Monsieur is entitled to a share of Madame equal to half of these net profits, i.e. €125,000. The composition of the property of the matrimonial property regime of participation in conquests is defined in art. 197ff.
CC and includes: the wife`s own property, the husband`s own property, the wife`s conquests and the husband`s conquests. Mr and Mrs L. were married in May 1990 under the regime of participation in the conquests. Their respective original assets were as follows: This is a so-called conventional civil status, since it results from the conclusion of a marriage contract (Art. 182 CC), which in authentic form (before the notary, Art. 184 CC) before or after the celebration, which differs from the ordinary matrimonial property regime (participation in conquests, Art. 181 para. 1 CC).
It may be concluded at the request of the spouses, by law or by judicial promulgation. If the disorder in the affairs of one of the spouses, his maladministration or his fault are likely to prejudice the interests of the other, the latter may apply to the courts for the early liquidation of the application for participation. If his request is accepted, the spouses are subject to the rules of separation of property. Participation in conquests is defined by a sharing of the enrichments they make and not debts between the spouses. This division takes the form of a right of participation. The marriage contract within the framework of the regulation of participation in acquired property contains several specific clauses, including a reminder of the references to the provisions in force in©©the Civil Code, the provisions of each lice© (possessed before, during and after the union©), the provisions on their respective debts©, not to mention those related to the©partition of Akquetage©, and those, who ©can intervene in case of death of one of the©lice. Participation in conquests is a matrimonial regime little known to the general public. However, it has several advantages. In this comprehensive guide, we will see what are the features, advantages and disadvantages of participating in conquests. In addition, we answer two central questions: Is the marriage contract mandatory? Is the intervention of a notary mandatory? Discover the essentials of what you need to know about this diet in 5 minutes! The Office Notarial du Guesclin, expert in wealth management in Rennes, presents© today a©civil status subject© to the provisions of articles 1569 to 1581 of the Civil Code, namely the regulation of©participation in acquisitions. The amount of the participation right corresponds to half of the net profits.
This term refers to the amount of the spouse`s enrichment due to his work and the savings he has earned from his patrimony during the marriage. The regime of participation in conquests is a “hybrid” between a regime of separation of property, which will apply during the marriage, and a community regime, which will be reduced to conquests in the event of dissolution. In other words, the peculiarity of participating in conquests is that, at the time of liquidation, each spouse may assert against the other spouse pecuniary claims equal to half of the values acquired during the marriage (acquests) under article 215, paragraph 1, of the Criminal Code. The distribution of property during liquidation varies according to the matrimonial regime chosen, since one (participation in conquests) involves a division of certain property – and therefore compensation to the other spouse – while the other (separation of property) requires complete separation of property and no compensation. What are the main features©and subtleties©of the acquisition participation system©? What are the challenges for the two lice©in terms of asset management? Participation in conquests is one of the four possible orders of marriage, with: Should property whose personal character could not be established for one of the spouses be included in the final inheritance? For part of the doctrine, the answer is negative: these goods must escape the regime of participation. For others, these assets must appear in the final inheritance of each spouse for half of their value. The matrimonial property regime defines the legal status of the spouses` property. A distinction is made between the legal matrimonial property regime, participation in conquests, and conventional matrimonial regimes, separation of property and community of property. However, as the latter is rarely favoured in practice, it is not covered here. The regime of participation in acquests is a hybrid matrimonial regime with a separation of property during marriage and the benefits of community, reduced to acquests at the time of dissolution, thanks to the right to participate in the enrichment of the spouse (“right of participation”). Participation in takeovers is particularly appropriate if one of the spouses exercises a high-risk profession (liberal profession, sole proprietorship, entrepreneur, etc.). ©The matrimonial system of participation in acquired property operates during marriage, as if lice©©were married©under the regime of©property compensation©.
When the marriage dissolves (in case of divorce or death), the lice who have accumulated the least wealth become the holders of a© loan called© “participation credit©©”. ©© The latter entails a cash payment in accordance with Article 1576 of the Civil Code. The regime of participation in conquests is the legal regime that automatically applies to married spouses, unless they have concluded a marriage contract before a notary before or during the union in order to move to the regime of community of property or the regime of separation of property. The benefit in kind of the participation claim is a partition transaction if the assets allocated were not part of the debtor`s original estate (property acquired free of charge or for valuable consideration during the marriage) or if the winning spouse inherits from his or her spouse (death of the debtor before the creditor). It is therefore subject to the 2.50% sharing right; Although there are no real differences between the modalities of participation in conquests and the separation of property during the marriage, since each spouse retains the administration, enjoyment and disposition of his or her property and is responsible for his or her debts, there are important differences at the time of liquidation. For example, in the event of death or divorce. According to articles 1569 et seq. of the Civil Code, participation in conquests is a regime often referred to as a hybrid regime. It has the particularity of the mix of properties: therefore, unlike the regime of participation in conquests, the separation of property does not mean, strictly speaking, liquidation and, above all, property is not divided. The legal regime of the partners` property is that of separation of property, but the partners of a registered partnership may agree in a contract concluded before a notary before or during the association to be subject to the regime of participation in conquests.
Participation in Acquests has several advantages: the original property is valued according to its condition on the day of marriage or acquisition and its value on the day of liquidation of the matrimonial regime of participation in Acquests. Therefore, at the time of liquidation, an inventory will have to be drawn up to determine, on the one hand, the separate property of each of the spouses so that each of the spouses can take them back, and, on the other hand, the conquests to determine whether one of the spouses must pay the other a sum of money as a contribution to the conjugal union. The initial inheritance consists of assets which, by reason of their nature or their exclusively personal origin, do not give rise to any participation.
