CIVIL CODE CIVIL CODE Translated by Georges ROUHETTE, Professor of Law, with the assistance of Dr Anne ROUHETTE-BERTON, Assistant Professor of English. PRELIMINARY TITLE OF THE PUBLICATION, OPERATION AND APPLICATION OF STATUTES Articles 1 to 6 IN GENERAL Art. no 2004-164 of 20 Feb. 2004) Statutes and, when they are published in the Journal Officiel de la République Française, administrative acts shall come into force on the date specified in them or, in the absence thereof, on the day after their publication.
However, the commencement of those of their provisions whose enforcement requires implementing measures is postponed to the date of commencement of said measures. In case of emergency, statutes whose decree of promulgation so prescribes and administrative acts as to which the Government so orders by a special provision shall come into force as soon as they are published. The provisions of this Article shall not apply to acts of individual application. 2 Legislation provides only for the future; it has no retrospective operation.
3 Statutes relating to public policy and safety are binding on all those living on the territory. Immovables 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. 4 A judge who refuses to give judgment on the pretext of legislation being silent, obscure or insufficient, may be prosecuted for being guilty of a denial of justice.
5 Judges are forbidden to decide cases submitted to them by way of general and regulatory provisions. 6 Statutes relating to public policy and morals may not be derogated from by private agreements. BOOK I OF PERSONS Articles 7 to 515-8 TITLE I OF CIVIL RIGHTS Articles 7 to 16-13 CHAPTER I [Of the Enjoyment of Civil Rights] Articles 7 to 15 Art. 7 (Act of 26 June 1889) The exercise of civil rights is unrelated to the exercise of political rights which are acquired and kept in accordance with constitutional and electoral statutes.
8 (Act of 26 June 1889) Every French person enjoys civil rights. 9 (Act no 70-643 of 17 July 1970) Everyone has the right to respect for his private life. Without prejudice to compensation for injury suffered, the court may prescribe any measures, such as sequestration, seizure and others, appropriate to prevent or put an end to an invasion of personal privacy; in case of emergency those measures may be provided for by interim order. 9-1 (Act no 93-2 of 4 Jan.
1993) Everyone has the right to respect of the presumption of innocence. (Act no 2000-516 of 15 June 2000) Where, before any sentence, a person is publicly shown as being guilty of facts under inquiries or preliminary investigation, the court, even by interim order and without prejudice to compensation for Updated 04/04/2006 - Page 1/268 CIVIL CODE injury suffered, may prescribe any measures, such as the insertion of a rectification or the circulation of a communiqué, in order to put an end to the infringement of the presumption of innocence, at the expenses of the natural or juridical person liable for that infringement. 10 (Act no 72-626 of 5 July 1972) Everyone is bound to collaborate with the court so that truth may come out. He who, without legitimate reason, eludes that obligation when it has been legally prescribed to him, may be compelled to comply with it, if need be on pain of periodic penalty payment or of a civil fine, without prejudice to damages.
11 An alien enjoys in France the same civil rights as those that are or will be granted to French persons by the treaties of the nation to which that alien belongs. 14 An alien, even if not residing in France, may be cited before French courts for the performance of obligations contracted by him in France with a French person; he may be called before the courts of France for obligations contracted by him in a foreign country towards French persons. 15 French persons may be called before a court of France for obligations contracted by them in a foreign country, even with an alien. CHAPTER II Of the Respect of the Human Body Articles 16 to 16-9 Art.
16 Legislation ensures the primacy of the person, prohibits any infringement of the latter's dignity and safeguards the respect of the human being from the outset of life. 16-1 Everyone has the right to respect for his body. The human body is inviolable. The human body, its elements and its products may not form the subject of a patrimonial right.
16-2 The court may prescribe any measures appropriate to prevent or put an end to an unlawful invasion of the human body or to unlawful dealings relating to its elements or products. 16-3 There may be no invasion of the integrity of the human body except in case of medical necessity for the person or exceptionally in the therapeutic interest of others (Act no 2004-800 of 6 Aug. The consent of the person concerned must be obtained previously except when his state necessitates a therapeutic intervention to which he is not able to assent. 16-4 Nobody may invade the integrity of mankind.
Any eugenic practice which aims at organizing the selection of persons is forbidden. Any intervention having the purpose of causing the birth of a child genetically identical to another person alive or dead is forbidden (Act no 2004-800 of 6 Aug. Without prejudice to researches aiming at preventing and treating genetic diseases, there may be no alteration of the genetic characters with a view to changing the descent of a person. 16-5 Agreements that have the effect of bestowing a patrimonial value to the human body, its elements or products are void.
16-6 No remuneration may be granted to a person who consents to an experimentation on himself, to the taking of elements off his body or to the collection of products thereof. 16-7 All agreements relating to procreation or gestation on account of a third party are void. 16-8 No information enabling the identification of both the person that donates an element or a product of his body and Updated 04/04/2006 - Page 2/268 CIVIL CODE the person that receives it may be disclosed. The donor may not be acquainted with the identity of the receiver and the receiver may not be acquainted with that of the donor.
In case of therapeutic necessity, only the physicians of the donor and receiver may have access to the information enabling the identification of the two persons concerned. 16-9 The provisions in this chapter are mandatory. CHAPTER III Of the Examination of the Genetic Particulars of a Person and of the Identification of Articles 16-10 to 16-13 a Person owing to his Genetic Prints Art. 16-10 (Act no 2004-800 of 6 Aug.
2004) An examination of the genetic particulars of a person may be undertaken only for medical purposes or in the interest of scientific research. The express consent of the person must be obtained in writing before the carrying out of the examination, after he has been duly informed of its nature and purpose. The consent shall specify the purpose of the examination. It may be revoked without form at any time.
16-11 The identification of a person owing to his genetic prints may only be searched for within the framework of inquiries or investigations pending judicial proceedings or for medical purposes or in the interest of scientific research. In civil matters, that identification may be sought only in implementation of proof proceedings directed by the court seized of an action aiming either at establishing or at contesting a parental bond, or for getting or discontinuing subsidies. The consent of the person must be obtained previously and expressly. Save an express consent given by the person during his lifetime, no identification owing to genetic prints may be effected after his death (Act no 2004-800 of 6 Aug.
Where the identification is made for medical purposes or in the interest of scientific research, the express consent of the person must be obtained in writing before the carrying out of the identification, after he has been duly informed of its nature and purpose. The consent shall specify the purpose of the identification. It may be revoked without form at any time (Act no 2004-800 of 6 Aug. 16-12 Only persons whom have been authorized in such a way as prescribed by a decree in Conseil d'Etat are entitled to undertake identifications owing to genetic prints.
In the framework of judicial proceedings, those persons must besides be registered in a list of judicial experts. 16-13 (Act no 2002-303 of 4 March 2002) No one may be discriminated against on the basis of his genetic features. TITLE I bis OF FRENCH NATIONALITY Articles 17 to 33-2 CHAPTER I General provisions Articles 17 to 17-12 Art. 17 (Act no 73-42 of 9 Jan.
1973) French nationality is granted, acquired or lost according to the provisions laid down in this Title, subject to any treaties and other international commitments of France which may apply. 17-1 (Act no 73-42 of 9 Jan. 1973) New statutes related to the granting of nationality by birth shall apply to persons who are minors at the time of their entry into force, without prejudice to the vested rights of third parties and without their being allowed to challenge the validity of transactions previously concluded on ground of nationality. The provisions of the preceding paragraph shall apply for purposes of interpretation to the statutes related to nationality by birth that have come into force after the promulgation of Title I of this Code.
17-2 (Act no 73-42 of 9 Jan. 1973) Acquisition and loss of French nationality are governed by the law that is in force at the time of the act or fact to which legislation attributes those effects. The provisions of the preceding paragraph shall govern for purposes of interpretation the commencement of the Nationality Acts that were in force before 19 October 1945. 17-3 (Act no 93-933 of 22 July 1993) Updated 04/04/2006 - Page 3/268 CIVIL CODE Applications in view to acquiring, losing French nationality or being reinstated in that nationality, as well as declarations of nationality, may, in the way provided for by law, be made without authorization from the age of sixteen.
A minor under sixteen must be represented by the person or persons who exercise parental authority over him. (Act no 95-125 of 8 Feb. 1995) A minor between sixteen and eighteen who is prevented from expressing his intention by an impairing of his mental or bodily faculties must be likewise represented. The impediment shall be established by the judge of guardianships of his own motion, on application of a member of the family of the minor or of the Government procurator's office, upon presentation of a certificate issued by a specialist selected on a list drawn out by the Government procurator.
(Act no 95-125 of 8 Feb. 1995) Where the minor mentioned in the preceding paragraph is placed under guardianship, he is represented by the guardian authorized to this end by the family council. 17-4 (Act no 2003-1119 of 26 Nov.- Falling within the terms of this Title, the phrase"in France" means the metropolitan territory, overseas départements and territories as well as New Caledonia and the French Southern and Antartic Lands. 17-5 (Act no 93-933 of 22 July 1993) In this Title, majority and minority shall be understood according to the meaning they have in French law.
17-6 (Act no 73-42 of 9 Jan. 1973) In order to determine the French territory at any time, account shall be taken of modifications resulting from enactments of the French Government under the Constitution and statutes, as well as under international treaties previously concluded. 17-7 (Act no 73-42 of 9 Jan. 1973) In the absence of conventional stipulations, the effects upon French nationality of annexations and cessions of territories are governed by the following provisions.
17-8 (Act no 73-42 of 9 Jan.