French term
qualification commune résiduaire
I'm translating some estate-marketing marketing information about legal mechanisms and clauses for couples in different kinds of marriage regimes from French (FR) to English (UK). The tricky phrase appears in the explanation about the community of property regimes:
Le régime de la communauté réduite aux acquêts s’applique automatiquement aux époux qui n’ont pas conclu de contrat de mariage ou qui ont choisi ce régime dans leur contrat de mariage. Le principe de ce régime est la communauté de plein droit des revenus professionnels et la qualification commune résiduaire.
Could anyone help please?
Many thanks in advance for your help!
4 +3 | residuary jointly-owned property classification | AllegroTrans |
3 +1 | classification of residue - 'everything left over' - as jointly owned | Adrian MM. |
See Art. 1405 of the Fr. Cicil Code | AllegroTrans |
Proposed translations
residuary jointly-owned property classification
residuary - pertaining to or of the nature of a residue, remainder, or residuum.
commune, from communité de biens. Some translators seem to loke "community" but it's about the couple jointly owning things, not the whole community
qualification = classification
Have already posted Article 1405 of the French Civil Code. The online translation into English is of appalling quality, but here it is fwiw:
Art. 1405
Remain separate property the items of property of which the spouses had ownership or possession on the day of the celebration of the marriage, or which they acquire, during the marriage, through succession, gift or legacy.
A gratuitous transfer may stipulate that the property which is its subject-matter will belong to the community.
Property falls into community, unless otherwise stipulated, where a gratuitous transfer is made jointly to both spouses.
Property surrendered or transferred by the father, mother or other ascendant to one of the spouses, either in order to discharge what he owes to him or her, or under the obligation of paying debts of the donor to outsiders, remain
separate property, subject to reimbursement.
Here is a rather more intelligible interpretation, albeit the writer uses (ugh) "community":
1. Assets personal due to their origin are the assets present at the time of the coming into existence of the community, as well as assets acquired through succession, gift or legacy (Art. 1405 French Civil Code).
Art. 1405 states that the assets of which the spouses had ownership or possession on the day of the celebration of the marriage remain personal; however, the correct phrasing should be:
at the time of the coming into existence of the community. Regardless, this time limit implies that difficulties may arise if the date of the purchase is not certain, e.g. in case of acquisitive prescription or if the acquisition was the result of the exercise of an option during the existence of the community of an unilateral undertaking to sell prior to the community. In case of an acquisitive prescription that was started before the beginning of the community, the asset is personal (what counts is the fact that the spouse had the possession). In case of the
exercise of an option, the asset falls into the community. Indeed, the title of acquisition is the exercise of the option and not the undertaking.71 If the promise of sale was reciprocal, the asset is personal. Indeed, according to Art. 1589 French Civil Code, the reciprocal promise of sale is the same as sale.
Assets acquired through succession, gift or legacy are also personal, unless stated otherwise.
As expressly stated in Art. 1404 sub. 2 French Civil Code, assets fall into the community where a gratuitous transfer is made jointly to both spouses.
2. Assets personal by nature are assets with a personal character and instruments necessary to the profession of one of the spouse (Art. 1404 French Civil Code).
classification of residue - 'everything left over' - as jointly owned
Compare 'joint ownership of after-acquired property' e.g. post-marriage rather than post-bankruptcy with 'deferred community property' in the USA in the second example sentence, that is a new one on me and that someone else might care to pick up on.
Otherwise see the French C. civ. arts. 1405, 1498 to 1501 and stipulation d'une communauté de meubles et acquêts: B. 1354, Testaments et Donations, Transmission du Patrimoine, Delmas.
Community of after-acquired property; after-acquired community property > the idea is of after-acquired, namely post-marital vs. post-insolvency, property.
USA: The Deferred Approach The spouses may agree a deferred community of property, in which the community property is not established until the day the marriage ceases to exist. In that case the agreement does not amend the extent of community property,
neutral |
AllegroTrans
: 'everything left over' is the wrong register
1 day 5 hrs
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That's why it is left in inverted commas, mainly as a guide to the usual non-lawyers..
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agree |
Eliza Hall
: If you omit "everything left over," this works.
3 days 5 hrs
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Thanks.
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Reference comments
See Art. 1405 of the Fr. Cicil Code
Version en vigueur depuis le 01 février 1966
Restent propres les biens dont les époux avaient la propriété ou la possession au jour de la célébration du mariage, ou qu'ils acquièrent, pendant le mariage, par succession, donation ou legs.
La libéralité peut stipuler que les biens qui en font l'objet appartiendront à la communauté. Les biens tombent en communauté, sauf stipulation contraire, quand la libéralité est faite aux deux époux conjointement.
Les biens abandonnés ou cédés par père, mère ou autre ascendant à l'un des époux, soit pour le remplir de ce qu'il lui doit, soit à la charge de payer les dettes du donateur à des étrangers, restent propres, sauf récompense.
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