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French Property and Inheritance Law: Principles and Practice


ISBN13: 9780199254750
ISBN: 0199254753
Published: August 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £140.00



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The growing trend for purchasing property in France, either as a main or second home, has led to a corresponding need for a book which explains the French conveyancing system for lawyers trained in other legal systems. French Property and Inheritance Law offers practical guidance to lawyers and other professionals advising clients on property transactions and related matters in France including: buying, selling, and mortgaging land; the ownership of flats and leases; and the establishment of companies to own land as a means of avoiding French inheritance rules and to mitigate French inheritance tax.

It unravels the mysteries of many features of the French system such as the marriage regime, the PACS, and sales en viager which can often be advantageous to non-French clients. The book also covers all aspects of French inheritance law, including the rules of intestacy, the making of wills, and the inheritance rights of the surviving spouse and the rights of other members of the family.

The author offers advice on how beneficiaries can avoid personal liability for the debts of a deceased and provides practical guidance on the administration of estates. A glossary and relevant legal precedents are also included. The author also writes regular updates on new key developments in French property law - please see the publication Solicitors' Journal for details of his articles on the subject.

  • An authoritative yet accessible introduction to French property and inheritance law for practitioners advising clients on property transactions
  • Provides detailed practical advice on the buying and selling of land in France and offers useful explanations of complex elements of the French conveyancing system
  • Includes coverage of all aspects of French inheritance law, for example, the rules of intestacy, the making of wills, the inheritance rights of the surviving spouse and of other members of the family, and the French inheritance tax system
  • Invaluable precedents and glossary are also included

Subjects:
European Jurisdictions, France
Contents:
Introduction
Table of Statutes
Table of Cases
1. The Legal Profession;
LAND LAW;
2. Immovable Property in French Law
3. Sale of Land
4. The compromis de vente
5. The promesse de vente
6. Other Sale Contracts
7. Completion of Purchase
8. Purchase en l'etat futur et a terme
9. Property Owning Companies
10. Purchase en attribution
11. Pluripropiete
12. Sales en viager
13. Auction Sales
14. Mortgages
15. Copropriete
16. Joint Ownership
17. Residential Leases
18. Business Leases
19. Powers of Attorney
20. Regimes matrimoniaux
21. Union libre
22. Taxes on Land Ownership
23. Capacity
INHERITANCE LAW;
24. Introduction to Inheritance Law
25. Domicile and Residence
26. The Trust
27. Intestate Succession
28. La reserve
29. Avoiding the reserve
30. The Surviving Spouse
31. Wills
32. Donation-partage
33. Executeurs testamentaires
34. The Beneficiaries' Election
35. Saisine
36. Legacies
37. Administration of an Estate
38. Gifts inter vivos
39. Inheritance and Gifts Tax
Precedents
Glossary
Appendices