French Law
CONTENTS
French Law Zone
The French legal system is very different from that in the UK, especially when it comes to buying a house. The aim of this law zone is to explain how French law works, including buying property in France, the work of the French legal officials the notaires, divorce and property, and inheritance law. For information about the French tax system please visit our tax zone. The FrenchEntrée team
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Tax and Law Newsletter Archive
Key French legal vocabulary
An avocat combines some of the functions of both a barrister and a solicitor and is best translated as lawyer. The French word for a court of law is un tribunal. Un testament is a will. The deed of sale in a property transaction is the acte de vente. A speeding ticket is une contravention pour excès de vitesse while une amende is a fine. View legal glossary...
Editor's pick
What is, by law, included in the sale of a property and what condition should a purchaser expect to find it in at completion? more...
EU adopts new rules on inheritance law
The Regulation will apply to the succession of persons who die on or after 17 August 2015 although there are certain transitional provisions now in force, so if a person chooses the law applicable prior to 17 August 2015 that choice will be valid.
more...
Incapacity; cross border concerns
By Mathew Cameron, Ashton KCJ • April 2013
Cross border issues can arise not only on death but also during lifetime, with the onset of incapacity. more...
French succession law & the C21st family
Nowadays, few families exactly resemble the nuclear/traditional family which the French Civil Code seeks to protect with its strict succession laws – often referred to as “forced heirship rules”.
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Money. Who, what and when?
By Sally Dilks, Heslop & Platt • April 2013
Of interest to both buyers and sellers. Legal experts from Heslop & Platt detail how money changes hands in a property transaction.
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Renting your business premises
If you intend to set up a business in France, it is advisable, at least in the beginning, to rent out rather than purchase your business premises as it will give you time to familiarise yourself with an area and its amenities, and to ensure that it suits your business.
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The new French trust: registration regulations
Until the introduction of a French finance law in July 2011, there had been a lot of uncertainty surrounding the treatment of foreign trusts with any connections to France. The new regime has brought in different rules regarding inheritance and gift tax, wealth tax and income tax of trusts.
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English domicile vs French domicile
A case study
Dan Harris, solicitor at Stone King LLP explains the English rules and why they are important to anyone owning French property.
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Settling small disputes with a professional
Small disputes with a professional are quite common. Embarking on a prosecution is inadvisable due to the sum in question. However, without spending too much money, some steps can be taken in order to obtain a resolution.
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Case study: buying property 'en indivision'
Unmarried persons who are not in either an English civil partnership or have entered into a French PACS (which can only be done if both parties are resident in France) should always try to ensure simplicity and clarity in respect of a purchase of French property.
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Trusts in France
There has been much talk recently over new legislation in France relating to trusts. This legislation has now come into force, the date of effect having been the 30 September 2012. Historically, France has not recognised trusts as a vehicle of asset ownership or protection.
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Loi Duflot, legal successor of Loi Scellier
The new incentive for investing in new-build, energy effcient property
Tax reduction, strict conditions.The Loi Duflot, the new incentive for investing in buy-to-let energy efficient newbuilds.
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Using a lawyer as a property agent
Such an extension of the fields of activity of French lawyers can only be of benefit to potential buyers and sellers. Indeed, a lawyer is a necessary intermediary to guarantee optimal security concerning the legal situation of a property.
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The French 'Mandat de Protection Future'
A ‘Lasting Power of Attorney’ or LPA in France
A growing number of us are buying homes abroad despite the downturn. But what would happen to those assets if you lose mental capacity gradually following an illness, or suddenly following an accident?
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Noisy neighbours
(and what you can do about them)
Clients are generally very happy with their French properties and we seldom hear about noise disturbance and the annoyance and stress this causes. But one particular case has encouraged us to write this article...
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Protect your overseas assets
Too many overseas property owners fall foul of international inheritance laws and tax regimes. Stone King’s Dan Harris explains how to protect your foreign assets for future generations.
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Home inspection reports and the law
When selling (or letting) properties there are a number of reports that must be available to a prospective purchaser (or tenant) before they enter into a binding commitment. Edward Coxall provides a summary of some recent changes in property law including home inspection reports.
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Property purchase: boundaries and easements
When purchasing property in France, the transfer deed prepared by the notaire will often specify that in the event of any error in the description of any easements affecting the property, the purchaser has no right of recourse against the vendor.
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So you can't pay your French mortgage
There is an underlying expectation in the UK that banks should show consideration for borrowers who find themselves in difficulty and should treat them gently. However, that’s not how it is seen in France. The mortgage deed entitles the bank to repossess if the loan is not repaid.
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Procedures on repossession
It will not be something that buyers will wish to contemplate when they are taking out a mortgage for their purchase, but it is important to understand just what may happen if the lender has to repossess a person’s property in France.
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New rules on septic tanks
Report now compulsory on the sale of any residential property
Since 1 January 2011 new rules apply to the sale of all properties which are not connected to mains drainage. Sally Dilks, French Law Solicitor with Heslop Platt, looks at what this means for residential property sellers
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Why use a UK solicitor & a French notaire?
Solicitor Annie Digby explains why the use of the Notaire is no substitute for your own independent legal advice on international aspects when buying a property in France...
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Public law: town and land planning
Town planning law can be of particular interest to a buyer of a property (land or house) or an owner wishing to collect all necessary information a property.
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Boundary disputes between neighbours
Why should it be so complicated to live peacefully with neighbours? Territorial instinct may play a part, but some people are more sensitive than others to any annexation of their territory.
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Consumer protection in France
French legislation has been recently modified (1 July 2010 Act) in order to provide the consumer with a more secure position, notably when a loan is offered or when insolvency is close.
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French property ownership solutions
Simple steps to take before and after you become the owner of a French property in order to ensure your French estate is dealt with in the way you wish during your lifetime and after death. Lawyer Sue Busby of France Legal explains...
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French Marriage Contracts
Who gets what?
The concept of a marriage contract is not known to English or Common Law jurisdictions for the most part. The French, however, from the Civil Code of 1804 onwards have a system of marriage contracts...
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The complete legal package
Heslop & Platt solicitors provide legal expertise in all areas of French property and succession law. Contact us today with your French legal query.
French Property Legal Services
Fluent in French Legal Affairs
Excited about buying or selling property in France, worried about the legal issues? Want to learn more about how we can help? Find out more or fill out an enquiry form.
Protect your overseas assets
Overseas property owners fall foul of international inheritance laws and tax regimes. Dan Harris explains how to protect your foreign assets.
French property and succession law
We help UK Nationals with buying and selling French property and French succession law problems including making wills. View our website to find out more.
Financial advice & solutions for people relocating to France
Download Siddalls help sheets for "your new life in France" by clicking here.
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