NUEVO MARCO LEGAL DE LOS PACTOS SUCESORIOS EN EL DERECHO FRANCÉS.

Abstract

French law, like Spanish law, generally prohibits accords about future inheritance. However, there are some exceptions to the prohibition, and the Act of 23 June 2006 increased the number of accords permitted under the Napoleonic Code. Two of these new exceptions are the transgenerational gift/partition and the waiver of action to challenge legacies made in excess of the available portion where the reserved portion is violated. The intention behind these exceptions is to widen the margin of freedom available to the testator, permitting the testator even to leave the entire estate, including the reserved portion, to someone who is not entitled to any reserved portion. However, despite the importance of the new rules, it must not be forgotten that the general rule still prohibits accords about future inheritance. This principle must illuminate the interpretation of the accords the 2006 Act incorporates in the Code.