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renunciations and entails in French private law



Sat, 17 Jun 2006 16:55:55 -0500 alt.talk.royalty
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Francois R. Velde...
Renunciations and entails (fideicommis) are a frequent feature of royal and
nobiliary successions across Europe. For this reason, I found it of interest
that French law on successions has just been considerably modified.

At the time of the Revolution, the possibilities of renouncing future

mjcar...
ed


mjcar...
on of


mjcar...
ounce


mjcar...
to

inheritances was altogether removed from private law, although reintroduced
later in extremely limited ways. The new reform allows for the institution of
so-called "pactes de famille" wherein certain members of a family may renounce
to part of their inheritance rights to the benefits of others, or commit to
postpone the exercise of their rights.

mjcar...
elles"


mjcar...
is left


Another interesting feature is the introduction of "libéralités graduelles"
which seems to be essentially the same thing as a fideicommis: an estate is left
to person A on condition that they preserve it and pass it on to person B.

mjcar...
th of


Both elements represent a return to the past: pre-1789 French law knew both of
renunciations and of "substitutions". Both features are also, I believe,
present in other European codes (like Germany).

mjcar...
Interesting, Francois; thanks. Plus ca change...
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