Question 12379 — family

Summary

Mr. Michel Delpon draws the attention of the Keeper of the Seals, Minister of Justice, to the current wording of paragraph 2 of article 1527 of the civil code. Providing for the retrenchment action which allows children not from the union to request the reduction of possible excessive matrimonial advantages to protect their reserve, it leaves doubts remaining both as to its scope of application and its effects, essentially due to a outdated writing. It would seem appropriate, first of all, to affirm that all the advantages resulting from the marriage contract are concerned (and not only those resulting from a conventional community) and, then, to close a doctrinal debate by fixing for the sake of fairness an identical maximum advantage for all regimes, namely the equivalent of the legal community accompanied by the special available share between spouses in its widest sense. expression. Also, he asks him if the next justice reform could be an opportunity to make this adjustment.

Machine translation from French. The official text remains authoritative.

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