Question 12380 — family

Summary

Mr. Michel Delpon draws the attention of the Keeper of the Seals, Minister of Justice, to the current wording of paragraph 3 of article 1527 of the civil code. Providing for a deferral of the action for retrenchment upon the death of the survivor of the spouses, it remains silent on the possibility that these children have of purely and simply renouncing said action for retrenchment, as they can renounce their action for reduction against the donations granted. in particular to the spouse (Civil Code, art. 929 et seq.). It would seem appropriate to expressly consider this option to dispel practitioners' doubts. 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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