Paragraph 3: The right to temporary accommodation and the right to lifetime accommodation

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Article 764

French Civil CodeIn force

Updated 7 Nov 2023

Unless the deceased wishes otherwise in accordance with article

971

, the successor spouse who actually occupied, at the time of death, as his or her principal dwelling, a dwelling belonging to the spouses or wholly dependent on the succession, has over this dwelling, until his or her death, a right of dwelling and a right of use over the furniture, included in the succession, furnishing it.

The deprivation of these rights of habitation and use expressed by the deceased under the conditions mentioned in the first paragraph has no effect on the rights of usufruct that the spouse receives by virtue of the law or a gift, which continue to obey their own rules.

These rights of habitation and use are exercised under the conditions set out in articles

627

,

631

,

634

and

635

.

The spouse, the other heirs or one of them may demand that an inventory of the furniture and a statement of the property subject to the rights of use and habitation be drawn up.

By way of derogation from articles 631 and 634, where the spouse's situation means that the dwelling subject to the right of habitation is no longer suitable for his or her needs, the spouse or his or her representative may rent it out for a use other than commercial or agricultural in order to release the resources necessary for new accommodation.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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