Question 17358 — overseas

Summary

Ms. Claire O'Petit draws the attention of Ms. the Keeper of the Seals, Minister of Justice, to paragraph 7 of Article 815-3 of the Civil Code according to which “the consent of all the co-owners is required to carry out any act which does not fall within the normal exploitation of undivided property and to carry out any act of disposition other than those referred to in 3°”. Recently, Law No. 2018-1244 of December 27, 2018 authorized, by way of derogation and taking into account local circumstances, any act of sale or partition on undivided property located overseas at the majority of fifty plus one percent of the undivided rights in full ownership, for successions opened for more than five years only in order to remedy the paralysis of land. This is also present in certain territories of mainland France and it could be considered, according to certain criteria (date of opening of the succession, state of land in the municipality or the public establishment of intermunicipal cooperation, etc.), to relax the conditions of paragraph 7 of article 815-3 of the civil code to carry out acts of disposition. She therefore asks her if she intends to initiate legislative reform to this end.

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