Right conventional or legal return – Definition

What does the notion of right of return of a gift and the differences between conventional right back and right to legal return.Right conventional or legal return - Definition

Definition

The right of return is a legal mechanism by which, through a donation, the donor (the one that gives good) can retrieve the particular property if the donee (the person receiving it) dies before him. Once completed donation, although not therefore remain in the heritage donee if it still lives after the death of the donor. Conversely, if the donee should die prematurely, well back in the donor's estate.

French law provides several types of right of return. There are the right of return provided by law (statutory right of return) of the return of right under a clause in the deed of gift (right back device).

Legal

The law provides a right of return of the father and mother and a right of return for siblings.

Parents

Article 738-2 of the Civil Code provides that where the parents or one of them survive the deceased and that the latter has no descendants, they can exercise a right of return on the property they had passed the deceased by donation.

Brother and sister

Siblings of the deceased can also benefit from a right of return. This is an option provided by Article 757-3 of the Civil Code. This law covers goods received relatives of the deceased. It can be exercised when the parents of the deceased themselves are deceased and the deceased has no offspring. In this case, the siblings can receive half the property that the deceased had received from his ancestors by gift or inheritance and who find themselves in kind in succession.

Conventional

The right of return is the conventional back right under a clause in the deed of gift. This option provided the donor is expressly provided by Article 951 of the Civil Code. This legislation states that the donor may provide for right of return "is for the case of decease of the donee alone, or in case of decease of the donee and his descendants." However, the donor can not provide that the right of return will benefit someone other than him.

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