The French Civil Code

8/11/2019 The French Civil Code

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MISE A JOUR LEGIFRANCE 1/03/02Translated by Ger!es ROU"ETTE# $r%essr % t&e Un'(ers'ty % Cler)nt*Ferrand I# +'t& t&e,*-erat'n % Anne .ERTON# $r%essr % t&e Un'(ers'ty % Cler)nt*Ferrand II

CIVIL CODE

PRELIMINARY TITLE OF THE PUBLICATION, OPERATION AND APPLICATION OF

STATUTES IN GENERAL

Art. 1

Statutes become in force throughout the French territory by virtue of theirbeing promulgated by the President of the Republic [Constitution of 4 Oct. 1958, art.10]. They shall be enforced in every part of the Republic from the moment their

promulgation can be known. The promulgation made by the President of the Republic shall be deemedknown in the dpartement where the overnment is sitting one day after the day of

promulgation! and in all the other dpartements" after the e#piry of the same period"increased by one day per ten myriameters $about twenty ancient leagues% between thecity where the promulgation is made and the chief townof each dpartement.

&rt. 2

'egislation provides only for the future! it has no retrospective operation.

&rt. 3

Statutes relating to public policy and safety are binding on all those living onthe territory. (mmovables are governed by French law even when owned by aliens. Statutes relating to the status and capacity of persons govern French persons"even those residing in foreign countries.

&rt. 4

& )udge who refuses to give )udgment on the prete#t of legislation being silent"obscure or insufficient" may be prosecuted for being guilty of a denial of )ustice.

&rt. 5


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*udges are forbidden to decide cases submitted to them by way of general andregulatory provisions .

&rt. 6

Statutes relating to public policy and morals may not be derogated from by

private agreements .

BOO ONE OF PERSONS

TITLE ONE OF CIVIL RIGHTS

+,&PT-R ( /F T,- -0*/12-0T /F +(3(' R(,TS

&rt. !

$&ct of 26 June 1889%

The e#ercise of civil rights is unrelated to the e#ercise of political rights whichare ac4uired and kept in accordance with constitutional and electoral statutes.

&rt. "

$&ct of 26 June 1889%

-very French person en)oys civil rights.

&rt. #

$&ct n 7064! of 17 Ju"# 1970%

-veryone has the right to respect for his private life. 5ithout pre)udice to compensation for in)ury suffered" the court may prescribeany measures" such as se4uestration" sei6ure and others" appropriate to prevent or putan end to an invasion of personal privacy! in case of emergency those measures may be

provided for by interim order. &rt. #$1

$&ct n 9!2 of 4 Jan. 199!%

-veryone has the right to respect of the presumption of innocence. $$ct n 2000516 of 15 June 2000% 5here" before any sentence" a person is

publicly shown as being guilty of facts under in4uiries or preliminary investigation" thecourt" even by interim order and without pre)udice to compensation for in)ury suffered"may prescribe any measures" such as the insertion of a rectification or the circulation of

a communi4u7" in order to put an end to the infringement of the presumption ofinnocence" at the e#penses of the natural or )uridical person liable for thatinfringement.


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&rt. 1%

$&ct n 72626 of 5 Ju"# 1972%

-veryone is bound to collaborate with the court so that truth may come out.

,e who" without legitimate reason" eludes that obligation when it has beenlegally prescribed to him" may be compelled to comply with it" if need be on pain ofperiodic penalty payment or of a civil fine" without pre)udice to damages.

&rt. 11

&n alien en)oys in France the same civil rights as those that are or will begranted to French persons by the treaties of the nation to which that alien belongs.

&rt. 12 &'( 13 [repea"ed]

$rt. 14

&n alien" even if not residing in France" may be cited before French courts forthe performance of obligations contracted by him in France with a French person! hemay be called before the courts of France for obligations contracted by him in aforeign country towards French persons.

Art. 15

French persons may be called before a court of France for obligationscontracted by them in a foreign country" even with an alien.

+,&PT-R (( 8 T,- /F R-SP-+T /F T,- ,92&0 :/;1

$$ct n 9465! of 29 Ju"# 1994%

&rt. 16

'egislation ensures the primacy of the person" prohibits any infringement of thelatter


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&rt. 16$3

There shall be no invasion of the integrity of the human body e#cept in case of=medical= $$ct n 99641 of 27 Ju"# 1999% necessity for the person. The consent of the person concerned must be obtained previously e#cept whenhis state necessitates a therapeutic intervention to which he is not able to assent.

&rt. 16$4

0obody may invade the integrity of mankind. &ny eugenic practice which aims at organi6ing the selection of persons isforbidden. 5ithout pre)udice to researches aiming at preventing and treating geneticdiseases" there may be no alteration of the genetic characters with a view to changingthe descent of a person.

&rt. 16$5

&greements that have the effect of bestowing a patrimonial value to the human

body" its elements or products are void.

&rt. 16$6

0o remuneration may be granted to a person who consents to ane#perimentation on himself" to the taking of elements off his body or to the collectionof products thereof.

&rt. 16$!

&ll agreements relating to procreation or gestation on account of a third partyare void.

&rt. 16$"

0o information enabling the identification of both the person that donates anelement or a product of his body and the person that receives it may be disclosed. Thedonor may not be ac4uainted with the identity of the receiver and the receiver may not

be ac4uainted with that of the donor.

(n case of therapeutic necessity" only the physicians of the donor and receivermay have access to the information enabling the identification of the two personsconcerned.

&rt. 16$#

The provisions in this chapter are mandatory.

+,&PT-R ((( /F T,- -0-T(+ ST9;1 /F T,- P&RT(+9'&RS /F &P-RS/0 &0; /F T,- (;-0T(F(+&T(/0 /F & P-RS/0 /5(0 T/ ,(S

-0-T(+ PR(0TS$$ct n 9465! of 29 Ju"# 1994%


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&rt. 16$1%

& genetic study of the particulars of a person may be undertaken only formedical purposes or in the interest of scientific research . The consent of the person must be obtained before the carrying out of the study.

&rt. 16$11

The identification of a person owing to his genetic prints may only be searchedfor within the framework of in4uiries or investigations pending )udicial proceedings orfor medical purposes or in the interest of scientific research . (n civil matters" that identification may be sought only in implementation of

proof proceedings directed by the court sei6ed of an action aiming either atestablishing or at contesting a parental bond" or for getting or discontinuing subsidies.The consent of the person must be obtained previously and e#pressly. 5here the identification is made for medical purposes or in the interest of

scientific research" the consent of the person must be obtained previously.

&rt. 16$12

/nly persons whom have been authori6ed in such a way as prescribed by adecree in Consei" d%&tat are entitled to undertake identifications owing to genetic

prints. (n the framework of )udicial proceedings" those persons must besides beregistered in a list of )udicial e#perts.

TITLE ONE bis

OF FRENCH NATIONALITY

$$ct n 9!!! of 22 Ju"# 199!%

+,&PT-R ( -0-R&' PR/3(S(/0S

&rt. 1!

$&ct n 7!42 of 9 Jan. 197!%

French nationality is granted" ac4uired or lost according to the provisions laiddown in this Title" sub)ect to any treaties and other international commitments ofFrance which may apply.

&rt. 1!$1

$&ct n 7!42 of 9 Jan. 197!%

0ew statutes related to the granting of nationality by birth shall apply topersons who are minors at the time of their entry into force" without pre)udice to thevested rights of third parties and without their being allowed to challenge the validity

of transactions previously concluded on ground of nationality.


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The provisions of the preceding paragraph shall apply for purposes ofinterpretation to the statutes related to nationality by birth that have come into forceafter the promulgation of Title ( of this +ode.

&rt. 1!$2

$&ct n 7!42 of 9 Jan. 197!%

&c4uisition and loss of French nationality are governed by the law that is inforce at the time of the act or fact to which legislation attributes those effects. The provisions of the preceding paragraph shall govern for purposes ofinterpretation the commencement of the 0ationality &cts that were in force before >?/ctober >?@A.

&rt. 1!$3

$&ct n 9!9!! of 22 Ju"# 199!%

&pplications in view to ac4uiring" losing French nationality or being reinstated

in that nationality" as well as declarations of nationality" may" in the way provided forby law" be made without authori6ation from the age of si#teen. & minor under si#teen must be represented by the person or persons whoe#ercise parental authority over him. $$ct n 95125 of 8 'e(. 1995% & minor between si#teen and eighteen who is

prevented from e#pressing his intention by an impairing of his mental or bodilyfaculties must be likewise represented. The impediment shall be established by the

)udge of guardianships of his own motion" on application of a member of the family ofthe minor or of the overnment procurator


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(n order to determine the French territory at any time" account shall be taken ofmodifications resulting from enactments of the French overnment under the+onstitution and statutes" as well as under international treaties previously concluded.

&rt. 1!$!

$&ct n 7!42 of 9 Jan. 197!%

(n the absence of conventional stipulations" the effects upon French nationalityof anne#ations and cessions of territories are governed by the following provisions.

&rt. 1!$"

$&ct n 7!42 of 9 Jan. 197!%

0ationals of the ceding State domiciled in the anne#ed territories on the day ofthe transfer of sovereignty ac4uire French nationality" unless they actually establish

their domiciles outside those territories. 9nder the same reservation" French nationalsdomiciled in the ceded territories on the day of the transfer of sovereignty lose thatnationality.

&rt. 1!$#

$&ct n 7!42 of 9 Jan. 197!%

The effects upon French nationality of the accession to independence of formeroverseas dpartements or territories of the Republic are determined in +hapter 3(( ofthis Title.

&rt. 1!$1%

$&ct n 7!42 of 9 Jan. 197!%

The provisions of &rticle >BC shall apply for purposes of interpretation tochanges of nationality following upon anne#ations and cessions of territories resultingfrom treaties concluded before >? /ctober >?@A. ,owever" aliens who had their domiciles in territories retroceded by Franceunder the Treaty of Paris of DE 2ay >C>@ and who transferred their domiciles in

France later than this Treaty" were not allowed to ac4uire French nationality on thisground unless they complied with the provisions of the &ct of >@ /ctober >C>@. Frenchpersons who were born outside the retroceded territories and have kept their domicileson those territories have not lost French nationality under the terms of theaforementioned Treaty.

&rt. 1!$11

$/rd.n 452441 of 19 Oct. 1945%

Provided that there is no infringement of the interpretation given to former

agreements" a change of nationality may not" in any case" follow from an internationalconvention" unless the convention so provides e#pressly.


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&rt. 1!$12 $$ct n 7!42 of 9 Jan. 197!%

5here" under the terms of an international convention" a change of nationalityis sub)ect to the performing of an act of option" that act shall be determined as to itsform by the law of the contracting country in which it is performed.

+,&PT-R (( /F FR-0+, 0&T(/0&'(T1 :1 :(RT,

*ection + Of 'renc -ersons (# -arentae

$rt. 1"

$&ct n 7!42 of 9 Jan. 197!%

(s French a child" legitimate or illegitimate" of whom at least one parent isFrench.

&rt. 1"$1

$&ct n 9!9!! of 22 Ju"# 199!%

(f however only one of the parents is French" the child who was not born inFrance has the power to repudiate the status of French within si# months preceding andtwelve months following his ma)ority. $$ct n 7!42 of 9 Jan. 197!% That power is lost if the alien or stateless parentac4uires French nationality during the minority of the child.

*ection ++ Of 'renc -ersons (# /irt in 'rance

$rt. 1#

$&ct n 7!42 of 9 Jan. 197!%

(s French a child born in France of unknown parents. ,e shall however be deemed to have never been French if" during his minority"his parentage is established as regards an alien and if" under the national law of his

parent" he has the nationality of the latter.

&rt. 1#$1

$&ct n 7!42 of 9 Jan. 197!%

(s French >G & child born in France of stateless parents! HG & child born in France of alien parents and to whom foreign laws do notconfer the nationality of either parent. $$ct n 98170 of 16 arc 1998% ,e shall however be deemed to have never

been French if" during his minority" the foreign nationality ac4uired or possessed by

one of his parents happens to pass to him. &rt. 1#$2


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$&ct n 7!42 of 9 Jan. 197!%

Shall be presumed born in France a child whose record of birth was drawn upin accordance with &rticle AC of this +ode.

&rt. 1#$3$&ct n 7!42 of 9 Jan. 197!%

(s French a child" legitimate or illegitimate" born in France where one at least ofhis parents was himself born there.

&rt. 1#$4

$&ct n 7!42 of 9 Jan. 197!%

5here however only one parent was born in France" a child who is Frenchunder the terms of &rticle >?D has the power to repudiate this status within si# months

preceding and twelve months following his ma)ority. That power is lost where one of the parents ac4uires French nationality duringthe minority of the child.

*ection +++ Common -roisions

$rt. 2%

$&ct n 7!42 of 9 Jan. 197!%

& child who is French under this +hapter shall be deemed to have been Frenchas from his birth" even where the statutory re4uirements for the granting of Frenchnationality were fulfilled only at a later date. $$ct n 761179 of 22 ec. 1976% The nationality of a child who was the sub)ectof a plenary adoption is determined according to the distinctions set out in &rticles >Cand >C>" >?>" >?D and >?@ above. $$ct n 7!42 of 9 Jan. 197!%The establishing of the status of French later than

birth may not however affect the validity of transactions previously concluded by theparty concerned nor the rights previously ac4uired by third parties on the ground of the

apparent nationality of the child. &rt. 2%$1

$&ct n 7!42 of 9 Jan. 197!%

The parentage of a child has effect on his nationality only where it isestablished during his minority.

&rt. 2%$2

$&ct n 9!99! of 22 Ju"# 199!%


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& French person who has the power to repudiate French nationality where thisTitle so provides may e#ercise that power by way of a declaration uttered inaccordance with &rticles HI and following. ,e may divest himself of that power from the age of si#teen in the same way.

&rt. 2%$3

$&ct n 7!42 of 9 Jan. 197!%

(n the circumstances referred to in the preceding &rticle" nobody may repudiateFrench nationality unless he proves that he has by birth the nationality of a foreigncountry.

&rt. 2%$4

$&ct n 98170 of 16 arc 1998%

& French person who enlists in French forces loses the power to repudiate.

&rt. 2%$5

$&ct n 7!42 of 9 Jan. 197!%

The provisions of &rticles >?D and >?@ shall not apply to children born inFrance of diplomatic agents or of regular consuls of foreign nationalities. $$ct n 9!99! of 22 Ju"# 199!% Those children have however the power toac4uire voluntarily French nationality as provided for =in &rticle H>>> below.= $$ctn 98170 of 16 arc 1998%

+,&PT-R ((( /F T,- &+J9(S(T(/0 /F FR-0+, 0&T(/0&'(T1

*ection + Of te odes of $c3uirin 'renc ationa"it#

K > /f the &c4uisition of French 0ationality by Reason of Parentage

&rt. 21

$&ct n 7!4 of, 9 Jan. 197!%&s of right" ordinary adoption has no effect on the nationality of an adopted

child.

K H /f the &c4uisition of French 0ationality by Reason of 2arriage

&rt. 21$1

$&ct n 7!4 of, 9 Jan. 197!%

&s of right" marriage has no effect on nationality.

&rt. 21$2


11/448

$&ct n 9!99! of 22 Ju"# 199!%

&n alien or stateless person who marries and whose spouse is of Frenchnationality may" after a period of =one year= $$ct n 98170 of 16 arc 1998% fromthe marriage" ac4uire French nationality by way of declaration where" at the time of the

declaration" the community of living has not come to an end and the French spouse haskept his or her nationality. The period of =one year= $$ct n 98170 of 16 arc 1998% is dispensed withwhere" before or after the marriage" a child is born whose parentage is established withregard to both spouses" provided that the conditions related to the community of livingand the nationality of the French spouse are fulfilled. The declaration shall be made as provided for in &rticles HI and following.-#cept as provided in &rticle HI>" it shall be registered by the 2inister in charge ofnaturalisations.

&rt. 21$3

$&ct n 7!42 of 9 Jan. 197!%

Sub)ect to the provisions of &rticles H>@ and HID" the party concernedac4uires French nationality at the date when the declaration is uttered.

&rt. 21$4

$&ct n 9!99! of 22 Ju"# 199!%

:y a decreein Consei" d%&tat, the overnment may" on grounds of indignity orlack of integration" oppose the ac4uisition of French nationality by the foreign spousewithin a period of one year after the date of the acknowledgement of receipt providedfor in &rticle HI" paragraph H" or" where the registration was refused" after the daywhen the )udgment which admits the lawfulness of the declaration has entered intoforce. $$ct n 7!42 of 9 Jan. 197!%(f there is an opposition by the overnment" the

party concerned shall be deemed to have never ac4uired French nationality. ,owever" the validity of transactions concluded between the declaration andthe decree that challenges it may not be ob)ected to on the ground that the maker wasnot allowed to ac4uire French nationality.

&rt. 21$5

$&ct n 7!42 of 9 Jan. 197!%

5here a marriage is declared to be void by a )udgment of a French court" or ofa foreign court whose authority is acknowledged in France" the declaration laid downin &rticle H>H may not lapse with regard to the spouse who married in good faith.

&rt. 21$6

$&ct n 7!42 of 9 Jan. 197!%


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The annulment of a marriage may not have any effect on the nationality of thechildren born thereof .

K D /f the &c4uisition of French 0ationality by Reason of :irth and Residence inFrance

&rt. 21$!$&ct n 98170 of 16 arc 1998%

-very child born in France of foreign parents ac4uires French nationality on hiscoming of age where" at that time" he has his residence in France and has had his usualresidence in France for a continuous or discontinuous period of at least five years" fromthe age of eleven.

The tri(unau d%instance, local authorities" public bodies and services andespecially educational establishments are obliged to inform the public" and in

particular those persons to whom paragraph > applies" of the provisions in force in

matters of nationality. The re4uirements as to that information shall be prescribed by adecree in Consei" d%&tat.

$rt. 21$"

$&ct n 98170 of 16 arc 1998%

The party concerned has the power to declare" in the way laid down in &rticleHI and sub)ect to his proving that he has the nationality of a foreign State" that hedisclaims the status of French within si# months before or twelve months after hisma)ority . (n this event" he shall be deemed to have never been French.

&rt. 21$#

$&ct n 98170 of 16 arc 1998%

&ny person who fulfils the re4uirements laid down in &rticle H>B in order toac4uire French nationality loses the power to disclaim it where he enlists in Frenchforces. &ny minor born in France of foreign parents who is regularly recruited as a

volunteer ac4uires French nationality at the date of his recruitment.&rt. 21$1%

$&ct n 98170 of 16 arc 1998%

The provisions of &rticles H>B to H>? may not apply to children born inFrance of diplomatic agents and of regular consuls of foreign nationality. Thosechildren have however the power to ac4uire voluntarily French nationality as providedfor in &rticle H>>> below.

&rt. 21$11$&ct n 98170 of 16 arc 1998%


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& minor child born in France of foreign parents may from the age of si#teenclaim French nationality by declaration" in the way laid down in &rticles HI andfollowing where" at the time of his declaration" he has in France his residence and hashad his usual residence in France for a continuous or discontinuous period of at leastfive years" from the age of eleven.

9nder the same terms" French nationality may be claimed" on behalf of theminor child born in France of foreign parents" from the age of thirteen and with hispersonal consent" in which event the re4uirement of usual residence in France shouldbe fulfilled from the age of eight.

K @ /f the &c4uisition of French 0ationality by ;eclaration of 0ationality

&rt. 21$12

$&ct n 7!42 of 9 Jan. 197!%

& child who was the sub)ect of an ordinary adoption by a person of Frenchnationality may" up to his ma)ority" declare" in the way provided for in &rticles HI andfollowing" that he claims the status of French" if he resides in France at the time of hisdeclaration. =,owever" the obligation of residing is dispensed with where the child wasadopted by a person of French nationality who does not have his usual residence inFrance= $$ct n 98170, 16 arc 1998%. 2ay" in the same way" claim French nationality

>G & child sheltered in France and brought up by a person of French nationalityor entrusted to the +hildren


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They must have kept or ac4uired patent cultural" professional" economic orfamily bonds with France" or actually performed military services in a unit of theFrench army or fought in French or allied armies in time of war. The surviving spouses of the persons who actually performed military servicesin a unit of the French army or fought in French or allied armies in time of war maylikewise benefit from the provisions of this &rticle" paragraph >.

K A /f the &c4uisition of French 0ationality by a ;ecision of the overnment

&rt. 21$14$1

$&ct n 991141 of 29 ec. 1999%

French nationality may be conferred by decree" on a proposal from the 2inisterof ;efence" to an alien recruited in French armies who was wounded on duty during or

on the occasion of an operational action and who makes a re4uest herefor. 5here the party concerned is dead" the same procedure is open to his minor

children who" at the day of the death" fulfilled the re4uirement of residence laid downin &rticle HH>" sub)ect to the conditions laid down in paragraph >.

&rt. 21$15

$&ct n 7!42 of 9 Jan. 197!%

=-#cept in the circumstances referred to in &rticle H>>@>= $$ct n 991141 of29 ec. 1999%" the ac4uisition of French nationality by a decision of the overnmentresults from a naturalisation granted by decree at the re4uest of the alien.

&rt. 21$16

$/rd.n 452441 of 19 Oct. 1945%

0obody may be naturalised unless he has his residence in France at the time ofthe signature of the decree of naturalisation.

&rt. 21$1!

$&ct n 9!9!! of 22 Ju"# 199!%

Sub)ect to the e#ceptions laid down in &rticles H>>C" H>>? and H>HE"naturalisation may be granted only to an alien who proves an usual residence in Francefor five years before the submission of the re4uest.

&rt. 21$1"

$&ct n 7!42 of 9 Jan. 197!%

The probationary period referred to in &rticle H>>B shall be reduced to twoyears

>G &s regards the alien who has successfully completed two years of universityeducation in view of getting a diploma conferred by a French university orestablishment of higher education!


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HG &s regards the alien who gave or can give significant services to Franceowing to his competences and talents.

&rt. 21$1#

$&ct n 7!42 of 9 Jan. 197!%

2ay be naturalised without the re4uirement of a probationary period

=>G & minor child who remained an alien although one of his parents ac4uiredFrench nationality!

HG The spouse and child of age of a person who ac4uires or ac4uired Frenchnationality= $$ct n 9!9!! of 22 Ju"# 199!%!

DG [repea"ed] @G &n alien who actually performed military services in a unit of the Frencharmy or who" in time of war" enlisted voluntarily in French or allied armies! AG & national or former national of territories and States on which Francee#ercised sovereignty" or a protectorate" a mandate or a trusteeship!

IG &n alien who gave e#ceptional services to France or one whosenaturalisation is of e#ceptional interest for France. (n this event" the decree ofnaturalisation may be granted only after taking Consei" d%&tat?AH establishing a French /ffice forthe protection of refugees and stateless persons.

&rt. 21$2%

$&ct n 9!9!! of 22 Ju"# 199!%

2ay be naturalised without any re4uirement as to a probationary period aperson who belongs to the French cultural and linguistic unit" where he is a national ofterritories or States whose official language or one of the official languages is French"either if French is his mother tongue or if he proves school attendance of at least fiveyears at an institution teaching in French.

&rt. 21$21

$&ct n 9!9!! of 22 Ju"# 199!%

French nationality may be conferred by naturalisation on a proposal from the2inister of Foreign &ffairs to any Frenchspeaking alien who makes the re4uestthereof and who contributes by his eminent deeds to the influence of France and to the

prosperity of its international economic relations.

&rt. 21$22

$&ct n 9!9!! of 22 Ju"# 199!%

5ith the e#ception of a minor who may avail himself of the privilege of &rticle

H>>?" paragraph H $>G%" nobody may be naturalised unless he has reached the age ofeighteen.


16/448


17/448

@G $$ct 98170 of 16 arc 1998% & residing outside France as a volunteer fornational service.

The e4uivalence as to residence which benefits one spouse shall be e#tended tothe other where they actually live together.

&rt. 21$2!

$&ct n 9!9!! of 22 Ju"# 199! $ct 98170 of 16 arc 1998%%

0obody may ac4uire French nationality or be reinstated in that nationalitywhere he has been sentenced either for ordinary or serious offences that constitute adamage to the fundamental interests of the nation or an act of terrorism or" whateverthe offence concerned may be" to a penalty of si# months< imprisonment or morewithout suspension. $$ct n 9!1417 of !0 ec. 199!% (t shall be likewise for the person who has

been sub)ect either to an e#clusion order not e#pressly revoked or repealed or to abanishment of the French territory not fully enforced.

$$ct 9!1027 of 24 $uust 199!% (t shall be likewise for the person whoseresidence in France is irregular with respect to the statutes and conventions concerningthe residence of aliens in France . $$ct n 98170 of 16 arc 1998% The provisions of this &rticle shall not applyto a minor child who may ac4uire French nationality under &rticles H>B" H>>>" H>>Hand HH>.

*ection ++ Of te ffects of $c3uirin 'renc ationa"it#

$rt. 22

$&ct n 8!1046 of 8 ec. 198!%

& person who has ac4uired French nationality en)oys all the rights and is boundto all the duties attached to the status of French" from the day of that ac4uisition.

&rt. 22$1

$&ct n 98170 of 16 arc 1998!$ct n 991141 of 29 ec. 1999%

& minor child" legitimate" illegitimate or who has been the sub)ect of a plenary

adoption" one of the parents of whom ac4uires French nationality" becomes French asof right where he has the same usual residence as that parent" or resides in turn withthat parent in the event of separation or divorce. The provisions of this &rticle shall not apply to the child of a person whoac4uires French nationality by a decision of the French government or by declarationof nationality unless his name is mentioned in the decree or the declaration.

&rt. 22$2

$&ct n 7!42 of 9 Jan. 197!%

The provisions of the preceding &rticle shall not apply to a married child.

&rt. 22$3


18/448

$&ct n 9!9!! of 22 Ju"# 199!%

,owever" a child who is French under &rticle HH> and who was not born inFrance has the power to repudiate that status within si# months preceding and twelvemonths following his coming of age.

,e must e#ercise that power by declaration uttered as provided for in &rticlesHI and following.,e may divest himself of that power from the age of si#teen in the same way.

+,&PT-R (3 /F '/SS &0; F/RF-(T9R- /f" &0; /F R-(0ST&T-2-0T (0

FR-0+, 0&T(/0&'(T1

*ection + Of oss of 'renc ationa"it#

$rt. 23

$&ct n 7!42 of 9 Jan. 197!%

&n adult of French nationality residing usually abroad" who ac4uiresvoluntarily a foreign nationality" loses French nationality only where he so declarese#pressly" in the way provided for in &rticles HI and following of this Title.

&rt. 23$1

$&ct n 7!42 of 9 Jan. 197!%

The declaration in view to losing French nationality may be subscribed fromthe filing of the re4uest for ac4uiring the foreign nationality and" at the latest" within a

period of one year after the date of that ac4uiring.

&rt. 23$2

$&ct n 98170 of 16 arc 1998%

French persons who are under the age of thirtyfive years may not subscribe thedeclaration provided for in &rticles HD and HD> above unless they have complied withthe duties under :ook (( of the +ode of 0ational Service.

&rt. 23$3

$&ct n 98170 of 16 arc 1998%

'oses French nationality a French person who e#ercises the power to repudiatethat status in the circumstances referred to in &rticles >C>" >?@ and HHD.

&rt. 23$4

$&ct n 7!42 of 9 Jan. 197!%


19/448

'oses French nationality a French person" even being a minor" who" having aforeign nationality" is" on his re4uest" authori6ed by the French overnment to lose thestatus of French. That authori6ation shall be granted by decree.

&rt. 23$5

$&ct n 7!42 of 9 Jan. 197!%

(n the event of a marriage with an alien" the French spouse may repudiateFrench nationality in accordance with &rticles HI and following" if he or she hasac4uired the foreign nationality of her or his spouse and the usual residence of thecouple is established abroad. $$ct n 98170 of 16 arc 1998% ,owever" French persons who are under theage of thirtyfive may not e#ercise that power of repudiation unless they havecomplied with the duties under :ook (( of the +ode of 0ational Service.

&rt. 23$6

$&ct n 7!42 of 9 Jan. 197!%

The loss of French nationality may be recorded by )udgment where the partyconcerned" French by parentage" has not the apparent status thereof and never had hisusual residence in France" if the ancestors from whom he held French nationality havenot had themselves the apparent status of French or residence in France for half acentury. The )udgment shall determine the date when French nationality was lost. (t maydecide that that nationality was lost by the predecessors of the party concerned and thatthe latter never was French.

&rt. 23$!

$&ct n 7!42 of 9 Jan. 197!%

& French person who actually behaves as a national of a foreign country may"where he has the nationality of that country"be declared to have lost French nationality

by decree with assent of the Consei" d%tat.

$rt. 23$"$&ct n 7!42 of 9 Jan. 197!%

'oses French nationality a French person who" filling an employment in aforeign army or public service or in an international organi6ation of which France isnot a member" or more generally providing his assistance to it" did not relin4uish hisemployment or stop his assistance notwithstanding the order of the overnment. The party concerned shall be declared" by decree in Consei" d%&tat, to have lostFrench nationality unless" within the period prescribed by the order and which may not

be shorter than fifteen days or longer than two months" he stops his occupation.

5here the opinion of the Consei" d%&tatis adverse" the measure provided for inthe preceding paragraph may be adopted only by a decree in +ouncil of 2inisters.


20/448

&rt. 23$#

$&ct n 7!42 of 9 Jan. 197!%

'oss of French nationality takes effect >G 5here &rticle HD so provides from the date of ac4uisition of the foreign

nationality!HG 5here &rticles HDD and HDA so provide from the date of the declaration!DG 5here &rticles HD@" HDB and HDC so provide from the date of the decree!@G 5here &rticle HDI so provides from the day named in the )udgment.

*ection ++ Of einstatement in 'renc ationa"it#

$rt. 24

$&ct n 7!42 of 9 Jan. 197!%

Reinstatement in French nationality of persons who prove to have had thestatus of French shall result from a decree or a declaration in accordance with thedistinctions provided for in the &rticles below.

&rt. 24$1

$&ct n 7!42 of 9 Jan. 197!%

Reinstatement by decree may be obtained at any age and without anyre4uirement as to a probationary period. &s to other issues" it shall be sub)ect to there4uirements and rules of naturalisation.

&rt. 24$2

$&ct n 7!42 of 9 Jan. 197!%

Persons who =have lost French nationality= $$ct. n 98170 of 16 arc 1998%by reason of a marriage with an alien or ac4uisition of a foreign nationality by anindividual decision may" sub)ect to the provisions =of &rticle H>HB= $$ct n 9!9!! of22 Ju"# 199!%" be reinstated by a declaration subscribed in France or abroad as

provided for in &rticles HI and following.

They must have kept or ac4uired patent bonds with France" especially ofcultural" professional" economic or family nature.

&rt. 24$3

$&ct n 9!9!! of 22 Ju"# 199!%

Reinstatement by decree or declaration is effective with regard to childrenunder eighteen" sub)ect to the conditions under &rticles HH> and HHH of this Title.

*ection +++ Of 'orfeiture of 'renc ationa"it#

&rt. 25


21/448

$&ct n 7!42 of 9 Jan. 197!%

&n individual who ac4uired the status of French may be declared by decreeadopted after assent of the Consei" d%&tat to have forfeited French nationality" =savewhere forfeiture has the effect of making him stateless= $$ct n 98170 of 16 arc1998%

>G 5here he is sentenced for an act characteri6ed as =ordinary or seriousoffence which constitutes an in)ury to the fundamental interests of the 0ation= $$ct n9!9!! of 22 Ju"# 199!% =or for an ordinary or serious offence which constitutes an actof terrorism= $$ct n 96647 of 22 Ju"# 1996%!

HG 5here he is sentenced for an act characteri6ed as =ordinary or seriousoffence provided for and punished by +hapter (( of Title ((( of :ook (3 of the Penal+ode= $$ct n 9!9!! of 22 Ju"# 199!%!

DG 5here he is sentenced for evading the duties under the +ode of 0ationalService!

@G 5here he committed acts incompatible with the status of French anddetrimental to the interests of France for the benefit of a foreign State!

A G [repea"ed].

&rt. 25$1

$&ct n 7!42 of 9 Jan. 197!%

Forfeiture is incurred only where the acts of which the party concerned isaccused and that are referred to in &rticle HA occurred within ten years after the date ofthe ac4uiring of French nationality. (t may be pronounced only within ten years after the perpetration of those facts.+,&PT-R 3 /F &+TS R-'&T-; T/ &+J9(S(T(/0 /R '/SS /F FR-0+,

0&T(/0&'(T1

*ection + Of ec"arations of ationa"it#

&rt. 26

$&ct n 9!9!! of 22 Ju"# 199! $ct 98170 of 16 arc 1998%

;eclarations of nationality shall be received by the :ue d%instance or by

consuls in the form prescribed by decree in Consei" d%&tat. &n acknowledgment of receipt must be issued after the filing of the documentsnecessary for proving their admissibility.

&rt. 26$1

$&ct n 9!9!! of 22 Ju"# 199!%

& declaration of nationality must" on pain of nullity" be registered either by the:ue d%instance as regards declarations subscribed in France" or by the 2inister of*ustice as regards declarations subscribed abroad.

&rt. 26$2


22/448

$&ct n 9!9!! of 22 Ju"# 199!%

The seats and territorial )urisdiction of the tri(unau d%instance which areempowered to receive and register declarations of French nationality shall beestablished by decree.

&rt. 26$3$&ct n 9!9!! of 22 Ju"# 19!! $ct n 98170 of 16 arc 1998%

The 2inister or the )udge shall refuse to register declarations which do notcomply with the statutory re4uirements. ,is reasoned decision shall be notified to the declarant" who may challenge it

before the tri(una" de rande instance within si# months. The claim may be broughtpersonally by a minor from the age of si#teen.

The decision of refusal to register must be taken within si# months at the latestafter the date when the acknowledgment of receipt which establishes the filing of all

the documents necessary for proving the admissibility of the declaration is issued tothe declarant. The period shall be e#tended to one year as regards declarations subscribedunder &rticle H>H.

&rt. 26$4

$&ct n 9!9!! of 22 Ju"# 199! $ct n 98170 of 16 arc 1998%

(n the absence of a refusal to register within the statutory period" a copy of thedeclaration shall be given to the declarant bearing the mention of the registration. The registration may still be opposed by the overnment procuratorH shall constitute a presumption of fraud.

&rt. 26$5

$&ct n 9!9!! of 22 Ju"# 199!%

Sub)ect to the provisions of &rticle HD?" paragraph H $>G%" declarations of

nationality" from the moment that they have been registered" take effect as from thedate when they are subscribed.

*ection ++ Of $dministratie ecisions

$rt. 2!

$&ct n 9!9!! of 22 Ju"# 199!%

& decision declaring inadmissible" or ad)ourning or refusing a re4uest fornaturalisation or reinstatement by decree" as well as an authori6ation to lose French

nationality must set out its reasons. &rt. 2!$1


23/448

$&ct n 7!42 of 9 Jan. 197!%

& decree deciding naturalisation or reinstatement" authori6ation to lose Frenchnationality" loss or forfeiture of that nationality shall be adopted and published in forms

prescribed by decree. (t may not have any retrospective operation.

&rt. 2!$2

$&ct n 7!42 of 9 Jan. 197!%

& decree deciding naturalisation or reinstatement may be withdrawn withassent of the Consei" d%&tat within one year after its publication in the Journa" Officie"where the person making the re4uest does not comply with the statutory re4uirements!where the decision was obtained by lie or fraud" the decree may be withdrawn withintwo years the detection of fraud.

&rt. 2!$3

$&ct n 7!42 of 9 Jan. 197!%

& decree deciding loss on one of the grounds provided for in &rticles HDB andHDC or forfeiture of French nationality shall be adopted after the person concerned has

been heard or summoned to bring forward his comments.

*ection +++ Of entions on te eisters of Cii" eistr#

$rt. 2"

$&ct n 787!1 of 12 Ju"# 1978%

& mention of administrative acts and declarations causing ac4uisition or loss ofFrench nationality or reinstatement therein shall bemade in the margin of the record of

birth. $$ct n 98170 of 16 arc 1998% & mention of a first issue of a certificate ofFrench nationality and of a decisions of a court relating to that nationality shalllikewise be made .

&rt. 2"$1$&ct n 98170 of 16 arc 1998%

2entions relating to nationality provided for in the preceding &rticle shall bemade on copies of records of birth or instruments drawn up as substitutes for them. Those mentions shall also be made on certificates of birth or on a "iret de

fami""e at the re4uest of the parties concerned. ,owever" the mentions of loss"disclaimer" forfeiture of" opposition to the ac4uisition of French nationality" withdrawalof the decree of naturalisation or reinstatement" or of the )udicial decision which hasestablished the alien status" shall be made as of right on certificates of birth and on a

"iret de fami""ewhere a person who previously ac4uired or was )udicially ad)udgedthat nationality" or obtained a certificate of French nationality" has re4uested their beingmentioned on those documents.


24/448

+,&PT-R 3( /F ;(SP9T-S (0 2&TT-RS /F 0&T(/0&'(T1

*ection + Of te Jurisdiction of Judicia" Courts and te -roceedins terein

$rt. 2#

$&ct n 7!42 of 9 Jan. 197!%

The civil courts of general )urisdiction shall e#ercise e#clusive )urisdiction overdisputes relating to French or foreign nationality of natural persons. (ssues of nationality shall be preliminary before any other administrative or

)udicial court e#cept criminal courts with a criminal )ury.

&rt. 2#$1

$&ct 9!9!! of 22 Ju"# 199!%

The seats and territorial )urisdiction of the tri(unau de rande instance which

are empowered to try controversies relating to French or foreign nationality of naturalpersons are established by decree.

&rt. 2#$2

$&ct n 7!42 of 9 Jan. 197!%

The procedure to be followed in matters of nationality and in particular thecommunication to the overnment procurator


25/448

$&ct n 7!42 of 9 Jan. 197!%

*udgments handed down in matters of French nationality by a court of general)urisdiction have effect even against persons who were not parties nor represented . ,owever" a party concerned is competent to attack them by means of a third

party application for rehearingprovided that he )oins the overnment procuratorLs

office to the action.*ection ++ Of te -roof of ationa"it# (efore Judicia" Courts

&rt. 3%

$&ct n 7!42 of 9 Jan. 197!%

The burden of proof in matters of French nationality lies on the person whosenationality is in dispute. ,owever" this burden lies on him who challenges the status of French of a

person who holds a certificate of French nationality issued as provided for in &rticlesD> and following.

&rt. 3%$1

$/rd.n 452441 of 19 Oct. 1945%

5here French nationality is granted or ac4uired in another way thandeclaration" naturalisation" reinstatement or anne#ation of territories" proof of it may bemade only by establishing the e#istence of all the statutory re4uirements.

&rt. 3%$2

$&ct n 611408 of 22 ec. 1961%

,owever" where French nationality may flow only from parentage" it shall bedeemed established" saving proof to the contrary" if the person concerned and the

parent who was likely to transmit it to him have in a constant way en)oyed the apparentstatus of French. $$ct n 9!9!! of 22 Ju"# 199!% French nationality of persons born in 2ayotte"of age on > *anuary >??@" shall be alternatively deemed established if those persons

have in a constant way en)oyed the apparent status of French.&rt. 3%$3

$&ct n 611408 of 22 ec. 1961%

5here a person usually resides or resided in a foreign country" in which theancestors from whom he holds nationality by parentage have settled for more than halfa century" that person shall not be allowed to prove that he has French nationality by

parentage if himself or the parent who was likely to transmit it to him have not en)oyedthe apparent status of French.

(n that event" the court shall have to record the loss of French nationality under&rticle HDI.


26/448

&rt. 3%$4

$&ct n 7!42 of 9 Jan. 197!%

&part from loss or forfeiture of French nationality" proof of the alien status of aperson may only be established by evidencing that the party concerned does not fulfil

any of the statutory re4uirements for having the status of French.

*ection +++ Of Certificates of 'renc ationa"it#

$rt. 31

$&ct n 95125 of 8 'e(. 1995%

The chief clerk of a tri(una" d%instance shall alone have the capacity to issue acertificate of French nationality to a person who establishes that he has that nationality.

&rt. 31$1

$&ct n 9!9!! of 22 Ju"# 199!%

The seats and territorial )urisdiction of the tri(unau d%instance which areempowered to issue certificates of nationality shall be established by decree.

&rt. 31$2

$&ct n 7!42 of 9 Jan. 197!%

& certificate of nationality shall point out with reference to +hapters ((" (((" (3and 3(( of this Title the statutory provision under which the party concerned has thestatus of French as well as the documents which allowed its being drawn up. (t shall

prevail until evidence contrary to it. $$ct n 95125 of 8 'e(. 1995% For the issuing of a certificate of nationality" thechief clerk of a tri(una" d%instance may" failing other elements" presume that therecords of civil status drawn up abroad and presented to him produce the effects thatFrench law would have attributed to them.

&rt. 31$3

$&ct n 95125 of 8 'e(. 1995%

5here the chief clerk of a tri(una" d%instance refuses to issue a certificate ofnationality" the party concerned may refer the matter to the 2inister of *ustice whoshall decide whether there is a case for the performance of that issuing.

+,&PT-R 3(( /F T,- -FF-+TS /0 FR-0+, 0&T(/0&'(T1 /FTR&0SF-RS /F S/3-R-(0T1 R-'&T(0 T/ +-RT&(0 T-RR(T/R(-S

&rt. 32

$&ct n 7!42 of 9 Jan. 197!%


27/448

French persons natives of the territory of the French Republic" as it wasconstituted on the HC *uly >?IE" and who were domiciled on the day of its accession toindependence on the territory of a State that had previously the status of an overseasterritory of the French Republic" have kept French nationality. (t shall be the same as to the spouses" widows and widowers and descendants ofthe said persons.

&rt. 32$1

$&ct n 7!42 of 9 Jan. 197!%

French persons of civil status of general law who were domiciled in &lgeria onthe date of the official announcement of the results of the poll for self determinationkeep French nationality whatever their situation with respect to &lgerian nationalitymay be.

&rt. 32$2

$&ct n 7!42 of 9 Jan. 197!%

The French nationality of persons of civil status of general law who were bornin &lgeria before the HH *uly >?IH shall be deemed established" on the terms of &rticleDEH" where those persons have en)oyed in a constant way the apparent status ofFrench.

&rt. 32$3

$&ct n 7!42 of 9 Jan. 197!%

-very French person who" at the date of its independence" was domiciled on theterritory of a State that had previously the status of overseas dpartement or territory ofthe Republic keeps his nationality as of right where no other nationality was granted tohim by the law of that State. 'ikewise" the children of persons who benefit from the provisions of the

preceding paragraph" minors under eighteen at the date of the accession toindependence of the territory where their parents were domiciled" keep Frenchnationality as of right.

&rt. 32$4$&ct n 7!42 of 9 Jan. 197!%

Former members of the Parliament of the Republic" of the &ssembly of theFrench 9nion and of the -conomic +ouncil who have lost French nationality andac4uired a foreign nationality under a general provision may be reinstated in Frenchnationality by a mere declaration where they have established their domiciles inFrance.

The same power is granted to their spouse" widower or widow and theirchildren.

&rt. 32$5


28/448

$&ct n 9!9!! of 22 Ju"# 199!%

The declaration of reinstatement provided for in the preceding article may besubscribed by the parties concerned" in accordance with &rticle HI and following" fromthe moment they have reached the age of eighteen! it may not be made through anagent. (t has effect with regard to minor children on the terms of &rticles HH> and HH

H.+,&PT-R 3((( SP-+(&' PR/3(S(/0S R-&R;(0 /3-RS-&S

T-RR(T/R(-S

&rt. 33

$&ct n 7!42 of 9 Jan. 197!%

For the implementation of this +ode [Title] in overseas territories >G The words =tri(una" de rande instance) shall each time be replaced by the

words =tri(una" de premi;re instance=!HG [repea"ed].

&rt. 33$1

$&ct n 9!9!! of 22 Ju"# 199!%

0otwithstanding &rticle HI" the declaration shall be received by the presidentof the tri(una" de premi;re instanceor by the )udge in charge of the section ondetachment.

&rt. 33$2

$&ct n 9!9!! of 22 Ju"# 199!%

0otwithstanding &rticle D>" the president of the tri(una" de premi;re instanceor the )udge in charge of the section on detachment has alone the capacity to issue acertificate of French nationality to a person who establishes that he has that nationality.

TITLE IIOF RECORDS OF CIVIL STATUS

+,&PT-R ( -0-R&' PR/3(S(/0S

&rt. 34

$&ct of 22 Oct. 1922%

Records of civil status shall state the year" day and time when they werereceived" the first names and name of the officer of civil status" the first names" names"

occupations and domiciles of all persons named therein. The dates and places of birth a% /f the father and mother in the records of birth and of acknowledgement!


29/448

b% /f the child in the records of acknowledgement! c% /f the spouses in the records of marriage! and d% /f the deceased in the records of death"shall be indicated when known. /therwise the age of those persons shall be designated

by their number of years as must be" in all cases" the ages of the declarants. &s to thewitnesses" only their status of adult shall be indicated.

&rt. 35

/fficers of civil status may insert nothing in the records they receive" by way ofa note or of whatever wording" beyond what must be declared by the declarants.

&rt. 36

5here the parties concerned are not obliged to appear in person" they may berepresented by an agent with a special and authentic power.

&rt. 3!

$&ct of 7 ec. 1897%

5itnesses appearing in connection with records of civil status shall be at leastof eighteen years of age" relatives or not" without distinction of se#! they shall beselected by the parties concerned. [repea"ed]

&rt. 3"

$/rd.n 58779 of 2! auust 1958%

The officer of civil status shall read the records to the appearing parties or theiragents" and to the witnesses! he shall invite them to take direct cognisance of them

before signing them.(t shall be mentioned on the records that these formalities have been complied

with.

&rt. 3#

Those records shall be signed by the officer of civil status" the appearing partiesand witnesses! or mention shall be made of the cause preventing the appearing partiesor witnesses from signing.

&rt. 4% t) 45 [repea"ed]

&rt. 46

5here no registers have e#isted or where they have been lost" proof of themmay be received by documents as well as by witnesses! and in that event" marriages"

births and deaths may be proved by books and papers emanating from deceased fathers

and mothers as well as by witnesses. &rt. 4!


30/448

$&ct of 10 arc 19!8%

Faith must be given to records of civil status of French persons and aliens madein a foreign country where they are drawn up in the forms in use in that country. [repea"ed]

&rt. 4"

$&ct n 9!22 of 8 Jan. 199!> and DB>H must be read to his or her maker.

&rt. 62$1

$&ct n 20029! of 22 Jan. 2002%

5here the registration of a paternal acknowledgement proves impossiblebecause of secret as to her identity put forward by the mother" the father may givenotice of it to the overnment procurator. The latter shall undertake the search of thedate and place of establishment of the child


36/448

5here the billsticking is interrupted before the e#piration of that period" amention of it shall be made on the bill that has ceased to be stuck up at the door of thetown hall.

&rt. 65

$&ct of 21 June 1907%

5here the marriage has not been celebrated within one year after the e#piry ofthe period of notice" it may no longer be celebrated until a new public notice has beengiven in the form provided above.

Art 66

(nstruments of formal ob)ection to the marriage must be signed on the originaland a copy by the opposing parties or their agents with special and authentic powers!they must be served" with a copy of the power" on the persons or at the domiciles of the

parties and on the officer of civil status" who shall stamp the original.

&rt. 6!

$&ct of 8 $pri" 1927%

The officer of civil status shall make" without delay" a summary mention of theformal ob)ections in the register of marriages! he shall also make" in the margin of theentry of those formal ob)ections" a mention of )udgments or instruments of withdrawalsof which office copies have been delivered to him.

&rt. 6"

$&ct. n 462154 of 7 Oct. 1946%

(n the event of a formal ob)ection" the officer of civil status may not celebratethe marriage before a withdrawal has been delivered to him" on pain of fine of DEfrancs $@"A M% and sub)ect to all damages.

&rt. 6#

$&ct of 9 $u. 1919%5here public notice has been given in several communes" the officer of civil

status of each communeshall forward without delay to the one who is to celebrate themarriage a certificate stating that there is no formal ob)ection.

&rt. !%

$&ct of 2 'e(. 19!!%

The office copy of the record of birth delivered by each one of the future

spouses to the officer of civil status who is to celebrate their marriage shall complywith &rticle AB" last paragraph" of the +ivil +ode with" if there is occasion" indication


37/448

of the married status of his father and mother or" where the future spouse is a minor"indication of the acknowledgement of which he or she was the sub)ect. $$ct of 11 Ju"# 1929% That instrument must not have been issued more thanthree months before where it was issued in France" and more than si# months beforewhere it was issued in a colony or a consulate.

&rt. !1$&ct of 11 Ju"# 1929%

& future spouse who would be unable to obtain that instrument may replace itby producing an affidavit issued by the )udge of the tri(una" d%instanceof the place ofhis birth or of his domicile. &n affidavit shall contain a declaration made by three witnesses" of either se#"relatives or not" of the first names" name" occupation and domicile of the future spouseand of those of his father and mother" when known! the place and" as far as possible"the period of his birth and the causes that prevent the intrument from being produced.

The witnesses shall sign the affidavit with the )udge of the tri(una" d%instance! and ifany of them cannot or does not know how to sign" mention shall be made of it.

&rt. !2

$&ct n 72! of ! Jan. 1972%

0either an affidavit nor a refusal to issue it may be sub)ect to review.

&rt. !3

$&ct of 9 $u. 1919%

&n authentic instrument of consent of the father and mother" or grandfathersand grandmothers or" failing them" of the family council shall contain the first names"names" occupation and domiciles of the future spouses and of all those who concurredin the instrument" as well as their degree of consanguinity. $$ct of 28 'e(. 1922% -#cept in the case provided for in &rticle >A? of the +ivil+ode" that instrument of consent shall be drawn up either by a notaireor by the officerof civil status of the domicile or residence of the ascendant and" abroad" by Frenchdiplomatic or consular agents. 5here it is drawn up by an officer of civil status" it must

be legali6ed only when it is to be produced before foreign authorities" save asotherwise provided in international conventions.

&rt. !4

$&ct of 21 June 1907%

& marriage must be celebrated in the communewhere one of the spouses hashis or her domicile or residence established by a continuous habitation of at least onemonth at the date of the public notice provided for by law.

&rt. !5$&ct n 66!59 of 9 June 1966%


38/448

/n the dayspecified by the parties" after the period of public notice" the officerof civil status" at the town hall" in the presence of two witnesses at least or four at themost" relative or not of the parties" shall read &rticles H>H" H>D $paragraphs > and H%"H>@ $paragraph >% and D>A $paragraph >% of this +ode to the future spouses. =&rticleDB>> must also be read= $$ct n 2002!05 of 4 arc 2002%.

$$ct of 9 $u. 1919% ,owever" in case of serious impediment" the overnmentprocurator of the place of marriage may re4uire the officer of civil status to betakehimself to the domicile or residence of one of the parties to celebrate the marriage. (ncase of imminent danger of death of one of the future spouses" the officer of civil statusmay betake himself there before any re4uirement or authori6ation of the overnment

procurator" to whom he shall then notify as soon as possible of the necessity of thatcelebration outside the town hall. 2ention shall be made of this in the record of marriage. The officer of civil status shall ask the future spouses and" if they are minors"their ascendants present at the celebration and authori6ing the marriage" to declarewhether an antenuptial agreement has been made and" in the affirmative" the date of

that contract and the name and place of residence of the notaire who received it. $$ct of 2 'e(. 19!!% 5here the documents produced by one of the futurespouses do not accord with one another as to the first names or the spelling of thenames" he shall ask the one whom they concern and" if the latter is a minor" his closestascendants present at the celebration" to declare that the variance results from anomission or a mistake. ,e shall receive from each party" one after the other" the declaration that theywish to take each other as husband and wife! he shall pronounce" in the name of thelaw" that they are united by marriage" and he shall draw up a record of it at once.

&rt. !6

$&ct of 4 'e(. 1928%

& record of marriage shall state>G The first names" names" occupations" ages" dates and places of birth"

domiciles and residences of the spouses!HG The first names" names" occupations and domiciles of the fathers and

mothers!DG The consent of the fathers and mothers" grandfathers and grandmothers and

that of the family council where" they are re4uired!

@G The first names and name of the previous spouse of each spouse!AG [repea"ed] IG The declaration of the contracting parties that they take each other forspouse" and the pronouncement of their being united by the officer of civil status! BG The first names" names" occupations" domiciles of the witnesses and theircapacity as adults! CG $$ct of 10 Ju"# 1850% The declaration" made upon the 4uestion prescribed bythe preceding &rticle" that an antenuptial agreement was made or not and" as far as

possible" the date of the agreement if any" as well as the name and place of residence ofthe notairewho received it! the whole on pain against the officer of civil status of thefine specified in &rticle AE!

5here the declaration was omitted or erroneous" the correction of the record" asto the omission or mistake" may be re4uested by the overnment procurator" withoutpre)udice to the rights of the parties concerned" under &rticle ??.


39/448

?G $$ct n 97987 of 28 Oct. 1997% (f there is occasion" the declaration that aninstrument of choice of the applicable law was made in accordance with The ,ague+onvention of >@ 2arch >?BC on the law applicable to matrimonial regimes" as well asthe date and place of signature of that instrument and" where appropriate" the name andcapacity of the person who drew it. $Ord. n 5971 of 7 Jan. 1959% (n the margin of the record of birth of each

spouse" mention shall be made of the celebration of the marriage and of the name ofthe spouse.

+,&PT-R (3 /F R-+/R;S /F ;-&T,

&rt. !! [repea"ed]

$rt. !"

$&ct of 7 'e(. 1924%

& record of death must be drawn up by the officer of civil status of thecommunewhere the death took place" upon the declaration of a relative of the deceasedor of a person possessing the most reliable and complete information that is possible asto the civil status of the deceased.

&rt. !#

$&ct of 7 'e(. 1924%

& record of death shall state >G The day" time and place of the death! HG The first names" name" date and place of birth" occupation and domicile ofthe deceased person!

DG The first names" names" professions and domiciles of his father and mother! @G The first names and name of the other spouse" where the deceased personwas married" widowed or divorced! AG The first names" name" age" occupation and domicile of the declarant and" ifthere is occasion" his degree of consanguinity to the deceased person. &ll of which in so far as may be known.

$Ord. of 29 arc 1945% 2ention of the death must be made in the margin ofthe record of birth of the deceased person.

&rt. !#$1

$&ct n 9!22 of 8 Jan. 199!%

5here a child is dead before his birth was declared to the civil registry" theofficer of civil status shall draw up a record of birth and a record of death upone#hibition of a medical certificate stating that the child was born alive and viable andspecifying the days and times of his birth and death. (n the absence of the medical certificate provided for in the preceding

paragraph" the officer of civil status shall draw up a record of a lifeless child. That

record shall be entered at its date in the registers of death and shall state the day" time"and place of the delivery" the first names and names" dates and places of birth"occupations and domiciles of the father and mother and" if there is occasion" those of


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the declarant. The record drawn up shall be without pre)udice to knowing whether thechild has lived or not! any party concerned may refer the matter to the decision of thetri(una" de rande instance.

&rt. "%

$$ct of 20 o. 1919%

5here the death occurred elsewhere than in the communewhere the deceasedwas domiciled" the officer of civil status shall" within the shortest possible time" sendto the officer of civil status of the deceasedic as a(o"ised

te deat pena"t#]

&rt. "4

(n case of death in a prison or centre of confinement or detention" a notice of it

shall be given at once by the keepers or warders to the officer of civil status who shallbetake himself thereto as provided for in &rticle CE and shall draw up the record ofdeath.


41/448

&rt. "5

(n all cases of violent death or death in prisons and centres of confinement[repea"ed (# imp"ication]" those circumstances shall not be mentioned in the registersand the records of death shall simply be drawn up in the form prescribed by &rticle B?.

&rt. "6

$&ct of 7 'e(. 1924%

(n case of death during a sea voyage and under the circumstances provided forin &rticle A?" a record must be drawn up within twentyfour hours by the instrumentaryofficers named in that &rticle and in the forms therein indicated. [repea"ed] [repea"ed]

&rt. "!

$/rd.n 58779 of 2! $u. 1958%

5here the body of a deceased person is found and can be identified" a record ofdeath shall be drawn up by the officer of civil status of the presumed place of death"whatever the time elapsed between the death and the discovery of the body may be.N 5here the deceased cannot be identified" the record of death shall include themost complete description of him! in the event of later identification" the record shall

be rectified in the way provided for in &rticle ?? of this +ode.

&rt. ""

$/rd.n 58779 of 2! $u. 1958%

2ay be )udicially declared" on application of the overnment procurator or theparties concerned" the death of a French person who has disappeared in or outsideFrance" in circumstances likely to imperil his life" where his body could not be found. /n the same terms" may be )udicially declared the death of an alien or stateless

person who disappeared either on a territory under the authority of France or aboard aFrench ship or aircraft" or even abroad where he had his domicile or usual residence in

France. The procedure of )udicial declaration of death shall likewise apply where thedeath is certain but the body could not be found.

&rt. "#

$/rd.n 58779 of 2! $u. 1958%

The application must be lodged at the tri(una" de rande instance of the placeof death or disappearance where it occurred on a territory under the authority ofFrance" otherwise at the court of the domicile or last residence of the deceased or

disappeared person or" failing which" at the court of the port of registry of the aircraftor the ship that carried him. (n default of any other" the tri(una" de rande instance ofParis shall have )urisdiction.


42/448

5here several persons disappeared in the course of the same event" a )ointapplication may be lodged at the court of the place of the disappearance" at that of the

port of registry or" failing them" at the tri(una" de rande instance of Paris.

&rt. #%

$/rd.n 58779 of 2! $u. 1958%

5here it is not made by the overnment procurator" the application must beforwarded through the latter to the court. The case shall be investigated and ad)udgedin chambers. The assistance of a counsel is not re4uired and all proceedings as well asthe office copies and certificates thereof" shall be e#empt of stamp duties andregistered gratis.

5here the court is of opinion that the death is not ade4uately proved" it mayorder any step in view to further information and re4uest in particular an administrativeen4uiry on the circumstances of the disappearance. 5here the death is declared" its date shall be fi#ed by taking into account the

presumptions drawn from the circumstances of the case and" failing them" on the dayof the disappearance. That date may never be undetermined.

&rt. #1

$/rd.n 58779 of 2! $u. 1958%

The operative part of a declaratory )udgment of death must be recorded on theregisters of civil status of the actual or presumed place of death and" whereappropriate" on those of the last domicile of the deceased. 2ention of the recording shall be made in the margin of the registers at the dateof the death. (n case of a )oint )udgment" individual certificates shall be forwarded tothe officers of civil status of the last domiciles of the persons who have disappeared"for purpose of their being entered. ;eclaratory )udgments of death shall take the place of records of death and areenforceable against third parties who may only have them rectified in accordance with&rticle ?? of this +ode.

&rt. #2

$/rd.n 58779 of 2! $u. 1958%

5here the person whose death was )udicially declared reappears after adeclaratory )udgment" the overnment procurator or any party concerned may applyfor the annulment of the )udgment in the forms provided for in &rticles C? andfollowing. $$ct n 771447 of 28 ec. 1977% The provisions of &rticles >DE" >D> and >DHshall apply where re4uired. 2ention of the annulment of the declaratory )udgment shall be made in themargin of its recording.+,&PT-R 3 /F R-+/R;S /F +(3(' ST&T9S +/0+-R0(0 S/';(-RS &0;

2&R(0-RS (0 S/2- SP-+(&' +(R+92ST&0+-S&rt. #3


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$/rd.n 58779 of 2! $u. 1958%

Records of civil status concerning soldiers and mariners of the State shall bedrawn up as specified in the preceding +hapters. ,owever" outside France and in case of war" e#pedition" operation for the

keeping of order and pacification or 4uartering of French troops in foreign territories"for occupation or under intergovernmental agreements" those records may be receivedlikewise by military officers of civil status" named by an order of the 2inister of the&rmed Forces. Those officers of civil status are also competent with regard to nonmilitary persons where the provisions of the preceding +hapters cannot be applied. (n metropolitan France" the officers of civil status referred to above mayreceive records concerning soldiers and nonmilitary persons in the parts of theterritory where" by reason of mobili6ation or siege" the municipal civil registry is nolonger regularly ensured. ;eclarations of birth in the armed forces shall be made within ten daysfollowing the delivery.

Records of death may be drawn up in the armed forces notwithstanding &rticleBB above [de"eted] although the officer of civil status could not betake himself to thedeceased person and" notwithstanding &rticle BC" they may be drawn up only on theattestation of two declarants.

Art #4 [de"eted]

&rt. #5

$&ct n 5712!2 of 28 o. 1957%

5here &rticle ?D" paragraphs H and D" so provides" records of civil status shallbe drawn up on a special register" the keeping and preservation of which shall beregulated by a )oint order of the 2inister of 0ational ;efence and &rmed Forces andthe 2inister of -#Servicemen and 3ictims of 5ar.

&rt. #6

$&ct n 5712!2 of 28 o. 1957%

5here a marriage is celebrated in one of the cases provided for in &rticle ?D"

paragraphs H and D" public notice shall be given" to the e#tent that circumstances sopermit" at the place of the last domicile of the future husband! they shall also be madein the unit to which the party concerned belongs" in the way provided for in an order ofthe 2inister of 0ational ;efence and &rmed Forces .

&rt. #!

$&ct n 5712!2 of 28 o. 1957%

Records of death received by military authorities in all cases provided for in&rticle ?D above" or by civilian authorities as regards members of the armed forces"

civilians participating in their action" in duty covered by orders" or persons employedin the armies< train" may be sub)ect to administrativerectification in the way provided


44/448

for in a decree, within periods and in territories where the military authority is entitled"by said &rticle ?D" to receive those records should the occasion arise.

+,&PT-R 3( 8 /F T,- +(3(' ST&T9S /F P-RS/0S :/R0 &:R/&; 5,/&+J9(R- /R R-+/3-R FR-0+, 0&T(/0&'(T1

$$ct n 787!1 of 12 Ju"# 1978%

Art. #"

& record taking the place of a record of birth shall be drawn up for any personborn abroad who ac4uires or recovers French nationality unless the record drawn up athis birth was already entered on a register kept by a French authority. That record shall state the name" first names and se# of the party concerned andindicate the place and date of his birth" his parentage" his residence at the date of hisac4uiring French nationality.

&rt. #"$1

& record taking the place of a record of marriage shall likewise be drawn upwhere the person who ac4uires or recovers French nationality got previously marriedabroad" unless the celebration of the marriage was already taken note of by a recordentered on a register kept by a French authority. The record shall state the date and place of the celebration! indication of the performing authority! the names" first names" dates and places of birth of each one of the spouses! the parentage of the spouses! and if there is occasion" the name" capacity and residence of the authority whoreceived the antenuptial agreement.

&rt. #"$2

/ne and the same record may be drawn up containing the statements as to birthand marriage" unless birth and marriage were already taken note of by records enteredon a register kept by a French authority. (t shall be used as both a record of birth and a record of marriage.

&rt. #"$3

The records referred to in &rticles ?C to ?CH shall state besides the date on which they were drawn up! the name and signature of the officer of civil status! the mentions entered in the margin of the record of which they take the place! indication of instruments and decisions relating to the nationality of the

person. 2ention shall be made later in the margin of the indications re4uired for each category of record by the law in force.

&rt. #"$4


45/448

The persons for whom records were drawn up under &rticles ?C to ?CH losethe power of re4uiring the entry of their record of birth or marriage received by aforeign authority. (n the case of conflict between the statements in a foreign record of civil statusor a record of French consular civil status and those in a record drawn up under said&rticles" the latter shall prevail until a decision of rectification.

+,&PT-R 3(( /F T,- R-+T(F(+&T(/0 /F R-+/R;S /F +(3(' ST&T9S

&rt. ##

$/rd.n 58779 of 2! $u. 1958 . n 81500 of 12 a# 1981%

& rectification of records of civil status shall be ordered by the president of thecourt. The rectification of )udgments which are declaratory of or supply for records ofcivil status shall be ordered by the president of the court.

The application for rectification may be lodged by any party concerned or bythe overnment procurator ! the latter shall act of his own motion where the mistake oromission bears on an essential indication of the record or of the decision which takesits place. The overnment procurator who has territorial )urisdiction may undertakeadministrative rectification of merely clerical mistakes and omissions in the record ofcivil status for this purpose he shall give all necessary instructions directly to thedepositaries of registers.

&rt. ##$1

$&ct n 787!1 of 12 Ju"# 1978%

Persons entitled to perform the duties of an officer of civil status in order todraw up the records referred to in &rticles ?C to ?CH may undertake administrativerectification of merely clerical mistakes and omissions contained in those records =orin the mentions inserted in the margins" save those that are entered after the making ofthe records= $$ct n 9!22 of 8 Jan. 199!%.

&rt. 1%% $0rd. n 58779 of 2! $u. 1958%

& )udicial or administrative rectification of a record or )udgment relating tocivil status has effect visOvis any party.

&rt. 1%1 $0rd. n 58779 of 2! $u. 1958 . n 81500 of 12 a# 1981%

&n office copy of the record may be issued only with the rectifications ordered"on pain of the fine prescribed by &rticle AE of the +ivil +ode and sub)ect to alldamages against the depositaries of registers.

TITRE III

OF DOMICILE

&rt. 1%2


46/448

$/rd.n 5892! of 7 Oct. 1958%

The domicile of a French person" as to the e#ercise of his civil rights" is at theplace where he has his main establishment. :oatmen and other persons living on a boat of inland navigation registered in

France" who do not have the domicile provided for by the preceding paragraph or astatutory domicile" must elect a domicile in one of the communes the names of whichappear on a list established by an order of the 2inister of *ustice" the 2inister of the(nterior and the 2inister of Public 5orks" Transport and Tourism. ,owever" wageearning boatmen and persons living on board with them may domicile themselves inanother communeprovided that the concern that operates the boat has its head4uartersor an establishment there! in this event" the domicile is fi#ed in the offices of theconcern! failing an election by them" those boatmen and persons have their domicilesat the head4uarters of the concern which operates the boat and" where thosehead4uarters are abroad" at the chartering office in Paris. [de"eted]

&rt. 1%3

& change of domicile takes place in conse4uence of an actual residence inanother place" in addition to the intention to fi# one


47/448

& notice served upon one spouse" even )udicially separated" in matters of statusand capacity of persons" must also be served upon his or her spouse" under pain ofinvalidity.

&rt. 1%"$1

$&ct n 75617 of 11 Ju"# 1975%

Separate residence of the spouses" during proceedings for divorce or )udicialseparation" involves as of right separate domiciles.

&rt. 1%"$2

$&ct n 75617 of 11 Ju"# 1975%

& minor when not emancipated is domiciled at his father and mother


48/448

5here a person has ceased to appear at the place of his domicile or residenceand has not been heard from" the )udge of guardianships may" on the application of the

parties concerned or of the overnment procurator" establish that there is presumptionof absence.

&rt. 113

The )udge may designate one or several relations by blood or marriage or"

where appropriate" any other persons to represent the person presumed absentee in thee#ercise of his rights or in any act which would be his concern" as well as to administerall or part of his property ! the representation of the presumed absentee and theadministration of his property shall then be sub)ect to the rules which apply to statutoryadministration under )udicial supervision such as it is provided for minors and" inaddition" under the following amendments.

&rt. 114

5ithout pre)udice to specific )urisdiction conferred upon other courts" for thesame purposes" the )udge shall fi#" where appropriate" according to the e#tent of the

property" the sums that should be allocated yearly to the maintenance of the family orthe household e#penses. ,e shall determine how to provide for the settling of children. ,e shall also specify how the e#penses of administration as well as" ifnecessary" the fees that may be granted to the person responsible for the representationof the presumed absentee and the administration of his property should be settled.

&rt. 115

The )udge may" at any time and even of his own motion" put an end to the taskof the person thus designed! he may also replace him .

&rt. 116

5here a presumed absentee is called to a partition" &rticle CDC" paragraph >" ofthe +ivil +ode shall apply. ,owever" the )udge of guardianships may authori6e a partition" even partial"and designate a notaire to undertake it" in the presence of the representative of the

presumed absentee or of his substitute designated as provided for in &rticle >>A" where

the original representative is himself concerned in the partition. The statement ofli4uidation is sub)ect to the approval of the tri(una" de rande instance .

$rt. 11!

The overnment procurator


49/448

property! he shall then recover the property managed or ac4uired on his behalf duringthe period of absence.

&rt. 11#

Rights ac4uiredwithout fraud on the basis of the presumption of absence" may

not be called in 4uestion again where the death of the absentee is established or)udicially declared" whatever the date fi#ed for the death may be.

&rt. 12%

The preceding provisions concerning the representation of presumed absenteesand the administration of their property shall also apply to persons who" because ofremoteness" are not" against their wish" in a position to e#press their intention.

&rt. 121

These same provisions shall not apply to presumed absentees or to personsnamed in &rticle >HE where they left a power of attorney ade4uate for the purpose ofrepresenting them or administering their property.

(t shall be the same where a spouse may provide sufficiently for the interestsconcerned through application of the matrimonial regime and particularly as a result ofan order obtained under &rticles H>B and H>?" >@HI and >@H?.

+,&PT-R (( /F ;-+'&R&T(/0 /F &:S-0+-

&rt. 122

5hen ten years have elapsed since the )udgment that established thepresumption of absence" either in the manner prescribed in &rticle >>H" or on theoccasion of one of the )udicial proceedings provided for in &rticles H>B and H>?" >@HIand >@H?" absence may be declared by the tri(una" de rande instance, on theapplication of any person concerned or of the overnment procurator


50/448


51/448

The operative part of the )udgment of annulment shall be published forthwith inaccordance with the detailed rules provided for in &rticle >HD. 2ention of the decisionshall be made" from the time of its publication" in the margin of the declaratory

)udgment of absence and on any register which refers to it.

&rt. 13%

&n absentee whose e#istence is )udicially established recovers his property and

that he should have received during his absence in the condition in which it may be"the proceeds of that which has been transferred or the property ac4uired by way ofinvestment out of the capital or incomes fallen due to him.

&rt. 131

& party concerned who has induced a declaration of absence by fraud is liableto restore to the absentee whose e#istence has been )udicially established the incomesof the property which he would have en)oyed and to remit him the legal interests from

the day of receipt" without pre)udice" where appropriate" to complementary damages. 5here fraud falls on the spouse of the person declared absentee" the latter isentitled to contest the li4uidation of the matrimonial regime to which the declaratory

)udgment of absence has put an end.

&rt. 132

2arriage of an absentee remains dissolved" even where a declaratory )udgmentof absence is annulled.

&rt. 133 t) 143 [repea"ed]

TITRE IV

OF MARRIAGE

+,&PT-R ( /F T,- J9&'(F(+&T(/0S &0; +/0;(T(/0S R-J9(R-; F/R

+/0TR&+T(0 & 2&RR(&-

&rt. 144

& male" until the completion of eighteen years" a female until the completion offifteen years" may not contract marriage.

&rt. 145

$&ct n 701266 of 2! ec. 1970%

0evertheless" the overnment procurator of the place where a marriage is to becelebrated may grant dispensations as to age for serious reasons.

&rt. 146There is no marriage where there is no consent.


52/448

&rt. 146$1

$&ct n 9!1027 of 24 $u. 199!%

The marriage of a French person" even where contracted in a foreign country"

re4uires his being present. &rt. 14!

0o one may contract a second marriage before the dissolution of the first.

&rt. 14"

$&ct of 17 Ju"# 1927%

2inors may not contract marriage without the consent of their father and

mother! in case of disagreement between the father and mother" that division impliesconsent. [repea"ed] [repea"ed]

&rt. 14#

$&ct of 7 'e(. 1924%

5here one of the two is dead or is unable to e#press his or her intention" theconsent of the other suffices. (t is not necessary to produce the records of death of the father or mother of oneof the future spouses where the spouse or the father and mother of the deceased certifythe death under oath. 5here the present residence of the father or mother is unknown" and where heor she has not been heard from for one year" the marriage may be celebrated if thechild and the parent who consents make declaration of this under oath. &ll of which shall be mentioned on the record of marriage. & false oath taken in the cases specified in this &rticle and the following&rticles of this +hapter shall be punished by the penalties enacted by &rticle DID[ &rticle @D@>D] of the Penal +ode.

&rt. 15%

$&ct of 17 Ju"# 1927%

5here the father and mother are dead or are unable to e#press their intention"the grandfathers and grandmothers take their place! where there is disagreement

between a grandfather and a grandmother in the same lineage" or where there isdisagreement between the two lineages" that division implies consent. $$ct of 7 'e(. 1924

Documents

The French Civil Code