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AUTHOR

Elsa Berry

showing 2 related works from this author

Getting married or entering into a partnership : the patrimonial issues of choice in french law

2021

In French law, there are only two models of couples between which a choice is really possible to organize their patrimonial relationships: partnership or marriage. But, if the couple intends to organize a transfer of assets between companions both during the union and in case of death, it is definitely marriage that offers more possibilities than partnership. Often, young French couples, who do not wish to marry, either not at the begining of their relationship or not at all, have the idea that, if marriage organizes a legal protection of the couple, the partners have the possibility to provide conventionally equivalent protection. In fact, this idea is wrong.

:CIENCIAS JURÍDICAS [UNESCO]partnership or marriage. But [there are only two models of couples between which a choice is really possible to organize their patrimonial relationships]have the idea thatlegal protectionreserva 14 23reserveprotección legalif the couple intends to organize a transfer of assets between companions both during the union and in case of deathpartnership [this idea is wrong. Marriage]transmissiontransmisión2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113545 Getting married or entering into a partnership the patrimonial issues of choice in french law Berryyoung French couplesUNESCO::CIENCIAS JURÍDICASMatrimoniounión de hechoElsa In French laweither not at the begining of their relationship or not at allthere are only two models of couples between which a choice is really possible to organize their patrimonial relationships: partnership or marriage. Butwho do not wish to marryif marriage organizes a legal protection of the couplethis idea is wrong. Marriage: partnershipit is definitely marriage that offers more possibilities than partnership. Oftenthe partners have the possibility to provide conventionally equivalent protection. In fact
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Protection of the surviving spouse in French law

2021

While French inheritance law has recently sought to give everyone more freedom to anticipate the transmission of their estate, it still guarantees to the children a reserved portion in his estate. This guarantees the deceased?s children a minimum share in his/her estate. However, the mechanisms protecting this reserve are subject to legal adjustments when spouses wish to organize the protection of the couple?s survivor, either by submitting to a conventional matrimonial regime or by giving themselves gifts that improve the legal succession of the spouse. This ensures a balance between the protection of the spouse and that of the compulsory heirs. Not seeming to be satisfied, several famous …

:CIENCIAS JURÍDICAS [UNESCO]reserve2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113546 Protection of the surviving spouse in French law BerryRégimen matrimonial convencionalUNESCO::CIENCIAS JURÍDICASElsa While French inheritance law has recently sought to give everyone more freedom to anticipate the transmission of their estateeither by submitting to a conventional matrimonial regime or by giving themselves gifts that improve the legal succession of the spouse. This ensures a balance between the protection of the spouse and that of the compulsory heirs. Not seeming to be satisfiedseveral famous French people living abroad have recently sought to escape French law in order to be able to give their surviving spouses an advantage beyond these limitsthe mechanisms protecting this reserve are subject to legal adjustments when spouses wish to organize the protection of the couple?s survivorobsequio 24 33the protection of the spouse may be both a reason to submit to French law as well as a motivation to try to escape it. Conventional matrimonial regimesurviving spousereservait still guarantees to the children a reserved portion in his estate. This guarantees the deceased?s children a minimum share in his/her estate. Howevergiftcónyuge supérstiteat the expense of children of first French marriage. Thus
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