여정현, 여정현, 여정현의 국제계약서 번역, 영문계약서, 번역, 영작, 국제계약서 작성정보, 해외직접투자 여정현의 국제계약서 번역, 국제계약서 작성 정보, 해외직접투자 정보 - Since 1997
여정현, 여정현, 여정현의 국제계약서 번역, 영문계약서, 번역, 영작, 국제계약서 작성정보, 해외직접투자여정현, 여정현, 여정현의 국제계약서 번역, 영문계약서, 번역, 영작, 국제계약서 작성정보, 해외직접투자여정현, 여정현, 여정현의 국제계약서 번역, 영문계약서, 번역, 영작, 국제계약서 작성정보, 해외직접투자여정현, 여정현, 여정현의 국제계약서 번역, 영문계약서, 번역, 영작, 국제계약서 작성정보, 해외직접투자여정현, 여정현, 여정현의 국제계약서 번역, 영문계약서, 번역, 영작, 국제계약서 작성정보, 해외직접투자여정현, 여정현, 여정현의 국제계약서 번역, 영문계약서, 번역, 영작, 국제계약서 작성정보, 해외직접투자여정현, 여정현, 여정현의 국제계약서 번역, 영문계약서, 번역, 영작, 국제계약서 작성정보, 해외직접투자 
     

프랑스 민법

총칙부분

 Articles 1 to 6
IN GENERAL

Art. 1

(Ord. no 2004-164 of 20 Feb. 2004)

법령 중에서 프랑스 공화국 Journal Officiel에서 공포한 행정법규는 그에 명시된 날짜에 공포한 날 이후로 부터 효력을 가진다.

다만, 규정에 이행일을 규정한 것은 규정된 이행일에 시행되는 것으로 한다.

 Statutes and, when they are published in the Journal Officiel de la Republique Francaise, 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.

다만, 긴급한 경우에는 공포를 요구하는 제정법과 특별한 규정에 의한 행정법규는 공포되는 즉시 효력을 가진다.

 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.

이 조문의 적용은 개별적인 규정에 적용되지는 않는다.

Art. 2

 Legislation provides only for the future; it has no retrospective operation.

법규는 장래를 향하여만 효력을 가지며, 소급효는 인정되지 않는다.

Art. 3

 Statutes relating to public policy and safety are binding on all those living on the territory.

공공정책과 안정에 관한 법규는 그 영포에 거주하는 사람들만을 구속한다.

 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.

Art. 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.

Art. 5

 Judges are forbidden to decide cases submitted to them by way of general and regulatory provisions.

Art. 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.

Art. 8

(Act of 26 June 1889)

 Every French person enjoys civil rights.

Art. 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.

Art. 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 communique,
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.


Art. 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.

Art. 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.

Art. 12

 [repealed]

Art. 13

 [repealed]

Art. 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.

Art. 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.

Art. 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.

Art. 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.

Art. 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. 2004).

 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.

Art. 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. 2004).

 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.

Art. 16-5

 Agreements that have the effect of bestowing a patrimonial value to the human body, its elements or products are
void.

Art. 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.

Art. 16-7

 All agreements relating to procreation or gestation on account of a third party are void.

Art. 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.

Art. 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.

Art. 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. 2004).

 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. 2004).

Art. 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.
Art. 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.

Art. 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.

Art. 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.

Art. 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.

Art. 17-4

 (Act no 2003-1119 of 26 Nov. 2003).- Falling within the terms of this Title, the phrase"in France" means the
metropolitan territory, overseas departements and territories as well as New Caledonia and the French Southern and
Antartic Lands.

Art. 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.

Art. 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.

Art. 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.

Art. 17-8

(Act no 73-42 of 9 Jan. 1973)

 Nationals of the ceding State domiciled in the annexed territories on the day of the transfer of sovereignty acquire
French nationality, unless they actually establish their domiciles outside those territories. Under the same reservation,
French nationals domiciled in the ceded territories on the day of the transfer of sovereignty lose that nationality.

Art. 17-9

(Act no 73-42 of 9 Jan. 1973)

 The effects upon French nationality of the accession to independence of former overseas departements or
territories of the Republic are determined in Chapter VII of this Title.

Art. 17-10

(Act no 73-42 of 9 Jan. 1973)

 The provisions of Article 17-8 shall apply for purposes of interpretation to changes of nationality following upon
annexations and cessions of territories resulting from treaties concluded before 19 October 1945.

 However, aliens who had their domiciles in territories retroceded by France under the Treaty of Paris of 30 May
1814 and who transferred their domiciles in France later than this Treaty, were not allowed to acquire French nationality
on this ground unless they complied with the provisions of the Act of 14 October 1814. French persons who were born
outside the retroceded territories and have kept their domiciles on those territories have not lost French nationality under
the terms of the aforementioned Treaty.

Art. 17-11

(Ord. no 45-2441 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 international convention, unless the convention so provides expressly.

Art. 17-12 (Act n° 73-42 of 9 Jan. 1973)

 Where, under the terms of an international convention, a change of nationality is subject to the performing of an act
of option, that act shall be determined as to its form by the law of the contracting country in which it is performed.

Art. 17-12

(Act no 73-42 of 9 Jan. 1973)

 Where, under the terms of an international convention, a change of nationality is subject to the performing of an act
of option, that act shall be determined as to its form by the law of the contracting country in which it is performed.

 CHAPTER II
Of French Nationality by Birth Articles 18 to 20-5

 SECTION I

Updated 04/04/2006 - Page 4/268


CIVIL CODE


 Of French Persons by Parentage Articles 18 to 18-1

Art. 18

(Ord. no 2005-759 of 4 July 2005)

 Is French a child one parent of whom at least is French.

Art. 18-1

(Act no 93-933 of 22 July 1993)

 If however only one of the parents is French, the child who was not born in France has the power to repudiate the
status of French within six months preceding and twelve months following his majority.

 (Act no 73-42 of 9 Jan. 1973) That power is lost if the alien or stateless parent acquires French nationality during
the minority of the child.

 SECTION II
Of French Persons by Birth in France Articles 19 to 19-4

Art. 19

(Act no 73-42 of 9 Jan. 1973)

 Is French a child born in France of unknown parents.

 He 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.

Art. 19-1

(Act no 73-42 of 9 Jan. 1973)

 Is French:

 1° A child born in France of stateless parents;

 2° A child born in France of alien parents and to whom the transmission of the nationality of either parent is not by
any means allowed by foreign Nationality Acts.(Act no 2003-1119 of 26 Nov. 2003).

 (Act no 98-170 of 16 March 1998) He shall however be deemed to have never been French if, during his minority,
the foreign nationality acquired or possessed by one of his parents happens to pass to him.

Art. 19-2

(Act no 73-42 of 9 Jan. 1973)

 Shall be presumed born in France a child whose record of birth was drawn up in accordance with Article 58 of this
Code.

Art. 19-3

(Ord. no 2005-759 of 4 July 2005)

 Is French a child born in France where one at least of his parents was himself or herself born there.

Art. 19-4

(Act no 73-42 of 9 Jan. 1973)

 Where however only one parent was born in France, a child who is French under the terms of Article 19-3 has the
power to repudiate this status within six months preceding and twelve months following his majority.

 That power is lost where one of the parents acquires French nationality during the minority of the child.

 SECTION III
Common provisions Articles 20 to 20-5

Art. 20

(Act no 73-42 of 9 Jan. 1973)

 A child who is French under this Chapter shall be deemed to have been French as from his birth, even where the
statutory requirements for the granting of French nationality were fulfilled only at a later date.

 (Act no 76-1179 of 22 Dec. 1976) The nationality of a child who was the subject of a plenary adoption is determined
according to the distinctions set out in Articles 18 and 18-1, 19-1, 19-3 and 19-4 above.

 (Act no 73-42 of 9 Jan. 1973) The establishing of the status of French later than birth may not however affect the
validity of transactions previously concluded by the party concerned nor the rights previously acquired by third parties on
the ground of the apparent nationality of the child.

Art. 20-1

(Act no 73-42 of 9 Jan. 1973)

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

Art. 20-2

(Act no 93-993 of 22 July 1993)

 A French person who has the power to repudiate French nationality where this Title so provides may exercise that
power by way of a declaration uttered in accordance with Articles 26 and following.

 He may divest himself of that power from the age of sixteen in the same way.

Art. 20-3

(Act no 73-42 of 9 Jan. 1973)

Updated 04/04/2006 - Page 5/268


CIVIL CODE


 In the circumstances referred to in the preceding Article, nobody may repudiate French nationality unless he proves
that he has by birth the nationality of a foreign country.

Art. 20-4

(Act no 98-170 of 16 March 1998)

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

Art. 20-5

(Act no 73-42 of 9 Jan. 1973)

 The provisions of Articles 19-3 and 19-4 shall not apply to children born in France of diplomatic agents or of regular
consuls of foreign nationalities.

 (Act no 93-993 of 22 July 1993) Those children have however the power to acquire voluntarily French nationality as

provided for"in Article 21-11 below." ( Act no 98-170 of 16 March 1998)
CHAPTER III
Of the Acquisition of French Nationality Articles 21 to 22-3
SECTION I
Of the Modes of Acquiring French Nationality Articles 21 to 21-27
Paragraph 1
Of the Acquisition of French Nationality by Reason of Parentage Article 21
Art. 21
(Act no 73-4 of, 9 Jan. 1973)
As of right, ordinary adoption has no effect on the nationality of an adopted child.
Paragraph 2
Of the Acquisition of French Nationality by Reason of Marriage Articles 21-1 to 21-6
Art. 21-1
(Act no 73-4 of, 9 Jan. 1973)
As of right, marriage has no effect on nationality.
Art. 21-2
(Act no 2003-1119 of 26 Nov. 2003)

 An alien or stateless person who marries and whose spouse is of French nationality may, after a period of two years
from the marriage, acquire French nationality by way of declaration provided that, at the time of the declaration, the
community of living both affective and physical has not come to an end and the French spouse has kept his or her
nationality. The foreign spouse must also prove a sufficient knowledge of the French language, according to his or her
condition.

 The duration of the community of living shall be raised to three years where the alien, at the time of the declaration,
does not prove that he has resided in France uninterruptedly for at least one year from the marriage.

 The declaration shall be made as provided for in Articles 26 and following. Notwithstanding the provisions of Article
26-1, it shall be registered by the Minister in charge of naturalisations.

Art. 21-3

(Act no 73-42 of 9 Jan. 1973)

 Subject to the provisions of Articles 21-4 and 26-3, the party concerned acquires French nationality at the date
when the declaration is uttered.

Art. 21-4

(Act no 93-993 of 22 July 1993)

 By a decree in Conseil d'Etat, the Government may, on grounds of indignity or lack of assimilation other than
linguistic (Act no 2003-1119 of 26 Nov. 2003), oppose the acquisition of French nationality by the foreign spouse within
a period of one year after the date of the acknowledgement of receipt provided for in Article 26, paragraph 2, or, where
the registration was refused, after the day when the judgment which admits the lawfulness of the declaration has
entered into force.

 (Act no 73-42 of 9 Jan. 1973) If there is an opposition by the Government, the party concerned shall be deemed to
have never acquired French nationality.

 However, the validity of transactions concluded between the declaration and the decree that challenges it may not
be objected to on the ground that the maker was not allowed to acquire French nationality.

Art. 21-5

(Act no 73-42 of 9 Jan. 1973)

 Where a marriage is declared to be void by a judgment of a French court, or of a foreign court whose authority is
acknowledged in France, the declaration laid down in Article 21-2 may not lapse with regard to the spouse who married
in good faith.

Art. 21-6

Updated 04/04/2006 - Page 6/268


CIVIL CODE

(Act no 73-42 of 9 Jan. 1973)

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

 Paragraph 3

 Of the Acquisition of French Nationality by Reason of Birth and Residence Articles 21-7 to 21-11
in France

Art. 21-7

(Act no 98-170 of 16 March 1998)

 Every child born in France of foreign parents acquires French nationality on his coming of age where, at that time,
he has his residence in France and has had his usual residence in France for a continuous or discontinuous period of at
least five years, from the age of eleven.

 The tribunaux d'instance, local authorities, public bodies and services and especially educational establishments are
obliged to inform the public, and in particular those persons to whom paragraph 1 applies, of the provisions in force in
matters of nationality. The requirements as to that information shall be prescribed by a decree in Conseil d'Etat.

Art. 21-8

(Act no 98-170 of 16 March 1998)

 The party concerned has the power to declare, in the way laid down in Article 26 and subject to his proving that he
has the nationality of a foreign State, that he disclaims the status of French within six months before or twelve months
after his majority.

 In this event, he shall be deemed to have never been French.

Art. 21-9

(Act no 98-170 of 16 March 1998)

 Any person who fulfils the requirements laid down in Article 21-7 in order to acquire French nationality loses the
power to disclaim it where he enlists in French forces.

 Any minor born in France of foreign parents who is regularly recruited as a volunteer acquires French nationality at
the date of his recruitment.

Art. 21-10

(Act no 98-170 of 16 March 1998)

 The provisions of Articles 21-7 to 21-9 may not apply to children born in France of diplomatic agents and of regular
consuls of foreign nationality. Those children have however the power to acquire voluntarily French nationality as
provided for in Article 21-11 below.

Art. 21-11

(Act no 98-170 of 16 March 1998)

 A minor child born in France of foreign parents may from the age of sixteen claim French nationality by declaration,
in the way laid down in Articles 26 and following where, at the time of his declaration, he has in France his residence
and has had his usual residence in France for a continuous or discontinuous period of at least five years, from the age of
eleven.

 Under the same terms, French nationality may be claimed, on behalf of the minor child born in France of foreign
parents, from the age of thirteen and with his personal consent, in which event the requirement of usual residence in
France should be fulfilled from the age of eight.

 Paragraph 4

 Of the Acquisition of French Nationality by Reason of a Declaration of Articles 21-12 to 21-14
Nationality

Art. 21-12

(Act no 73-42 of 9 Jan. 1973)

 A child who was the subject of an ordinary adoption by a person of French nationality may, up to his majority,
declare, in the way provided for in Articles 26 and following, that he claims the status of French, if he resides in France
at the time of his declaration.

 "However, the obligation of residing is dispensed with where the child was adopted by a person of French nationality
who does not have his usual residence in France" (Act no 98-170, 16 March 1998).

 May, in the same way, claim French nationality:

 1° A child, who, for at least five years, has been sheltered and brought up by a person of French nationality or who,
for at least three years, has been entrusted to the Children's aid service (Act no 2003-1119 of 26 Nov. 2003).;

 2° A child sheltered in France and brought up in conditions that allowed him to receive, during five years at least, a
French education"from either a public body, or a private body offering the features determined by a decree in Conseil
d'Etat" (Act no 93-933 of 22 July 1993).

Art. 21-13

(Act no 73-42 of 9 Jan. 1973)

 May claim French nationality"by declaration uttered as provided for in Articles 26 and following" (Act no 93-933 of 22
July 1993), persons who have enjoyed in a constant way the apparent status of French for the ten years prior to the

Updated 04/04/2006 - Page 7/268


CIVIL CODE
declaration.

 Where the validity of the transactions concluded before the declaration was made conditional on the entitlement of
French nationality, that validity may not be objected to on the sole ground that the declarant had not that nationality.

Art. 21-14

(Act no 93-933 of 22 July 1993)

 Persons who have lost French nationality under Article 23-6 or against whom was raised the peremptory exception
laid down by Article 30-3 may claim French nationality by declaration uttered as provided for in Articles 26 and following.

 They must have kept or acquired patent cultural, professional, economic or family bonds with France, or actually
performed military services in a unit of the French army or fought in French or allied armies in time of war.

 The surviving spouses of the persons who actually performed military services in a unit of the French army or fought
in French or allied armies in time of war may likewise benefit from the provisions of this Article, paragraph 1.

 Paragraph 5

 Of the Acquisition of French Nationality by a Decision of the Government Articles 21-14-1 to

21-25-1

Art. 21-14-1

(Act no 99-1141 of 29 Dec. 1999)

 French nationality may be conferred by decree, on a proposal from the Minister of Defence, 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 request
herefor.

 Where the party concerned is dead, the same procedure is open to his minor children who, at the day of the death,
fulfilled the requirement of residence laid down in Article 22-1, subject to the conditions laid down in paragraph 1.

Art. 21-14-2

(Act no 2004-809 of 13 August 2004)

 The representative of the state in the departement and, in Paris, the chief commissioner of the police, shall notify to
the mayor, in his capacity of officer of civil status, the address of the foreign nationals naturalized by decree who reside
in the commune.

 A ceremony of reception into French citizenship may be organized by the mayor for the sake of the latter.

Art. 21-15

(Act no 73-42 of 9 Jan. 1973)

 "Except in the circumstances referred to in Article 21-14-1" (Act no 99-1141 of 29 Dec. 1999), the acquisition of
French nationality by a decision of the Government results from a naturalisation granted by decree at the request of the
alien.

Art. 21-16

(Ord. no 45-2441 of 19 Oct. 1945)

 Nobody may be naturalised unless he has his residence in France at the time of the signature of the decree of
naturalisation.

Art. 21-17

(Act no 93-933 of 22 July 1993)

 Subject to the exceptions laid down in Articles 21-18, 21-19 and 21-20, naturalisation may be granted only to an
alien who proves an usual residence in France for five years before the submission of the request.

Art. 21-18

(Act no 73-42 of 9 Jan. 1973)

 The probationary period referred to in Article 21-17 shall be reduced to two years:

 1° As regards the alien who has successfully completed two years of university education in view of getting a
diploma conferred by a French university or establishment of higher education;

 2° As regards the alien who gave or can give significant services to France owing to his competences and talents.

Art. 21-19

(Act no 73-42 of 9 Jan. 1973)

 May be naturalised without the requirement of a probationary period:

 "1° A minor child who remained an alien although one of his parents acquired French nationality;

 2° The spouse and child of age of a person who acquires or acquired French nationality" (Act no 93-933 of 22 July
1993);

 3° [repealed]

 4° An alien who actually performed military services in a unit of the French army or who, in time of war, enlisted
voluntarily in French or allied armies;

 5° A national or former national of territories and States on which France exercised sovereignty, or a protectorate, a
mandate or a trusteeship;

 6° An alien who gave exceptional services to France or one whose naturalisation is of exceptional interest for
France. In this event, the decree of naturalisation may be granted only after taking Conseil d'Etat's opinion and on the
basis of a reasoned report from the competent Minister;

Updated 04/04/2006 - Page 8/268


CIVIL CODE

 7° (Act 98-170 of 16 March 1998) An alien who obtained the status of refugee in accordance with the Act no 52-893
of 25 July 1952 establishing a French Office for the protection of refugees and stateless persons.

Art. 21-20

(Act no 93-933 of 22 July 1993)

 May be naturalised without any requirement as to a probationary period a person who belongs to the French cultural
and linguistic unit, where he is a national of territories 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 five years at an institution
teaching in French.

Art. 21-21

(Act no 93-933 of 22 July 1993)

 French nationality may be conferred by naturalisation on a proposal from the Minister of Foreign Affairs to any
French-speaking alien who makes the request thereof and who contributes by his eminent deeds to the influence of
France and to the prosperity of its international economic relations.

Art. 21-22

(Act no 93-933 of 22 July 1993)

 With the exception of a minor who may avail himself of the privilege of Article 21-19, paragraph 2 (1°), nobody may
be naturalised unless he has reached the age of eighteen.

Art. 21-23

(Act no 73-42 of 9 Jan. 1973)

 Nobody may be naturalised where he is not of good character or has incurred one of the sentences referred to in
Article 21-27 of this Code.

 However, sentences delivered abroad may be overlooked; in this event the decree that pronounces naturalisation
may be enacted only after assent of the Conseil d'Etat.

Art. 21-24

(Ord. no 45-2441 of 19 Oct. 1945)

 Nobody may be naturalised unless he proves his assimilation into the French community, and specially owing to a
sufficient knowledge of the French language, according to his condition and of the rights and duties conferred by French
nationality" (Act no 2003-1119 of 26 Nov. 2003).

Art. 21-24-1

(Act no 2003-1119 of 26 Nov. 2003)

 The requirement of knowledge of the French language shall not apply to political refugees and stateless persons
who have resided in France regularly and usually for at least fifteen years and who are over seventy.

Art. 21-25

(Ord. no 45-2441 of 19 Oct. 1945)

 The way of carrying out the checking of assimilation and state of health of an alien awaiting his naturalisation shall
be prescribed by decree in Conseil d'Etat.

Art. 21-25-1

(Act no 98-170 of 16 March 1998)

 The reply of the Government to a request for acquisition of French nationality by naturalisation must be made at the
latest within eighteen months after the date when the acknowledgement of receipt that establishes the delivery of all the
documents needed for the completion of a comprehensive file is issued to the applicant.

 That period may be extended only once for three months by a reasoned decision.

 Paragraph 6
Provisions Common to some Modes of Acquiring French Nationality Articles 21-26 to 21-27

Art. 21-26

(Act no 73-42 of 9 Jan. 1973)

 Is equivalent to a residence in France where that residence is a requirement for the acquiring of French nationality:

 1° The residing abroad of an alien who exercises a private or public professional activity on behalf of the French
state or of a body whose activity is of special interest for French economy or culture;

 2° A residing in those countries in customs union with France which are named by a decree;

 3° (Act 98-170 of 16 March 1998) A presence outside France, in time of peace as in time of war, in a regular unit of
the French army or for the duties laid down in Book II of the Code of National Service;

 4° (Act 98-170 of 16 March 1998) A residing outside France as a volunteer for national service.

 The equivalence as to residence which benefits one spouse shall be extended to the other where they actually live
together.

Art. 21-27

(Act no 93-933 of 22 July 1993; Act 98-170 of 16 March 1998) )

 Nobody may acquire French nationality or be reinstated in that nationality where he has been sentenced either for
ordinary or serious offences that constitute a damage to the fundamental interests of the nation or an act of terrorism or,

Updated 04/04/2006 - Page 9/268


CIVIL CODE
whatever the offence concerned may be, to a penalty of six months' imprisonment or more without suspension.


 (Act no 93-1417 of 30 Dec. 1993) It shall be likewise for the person who has been subject either to an exclusion
order not expressly revoked or repealed or to a banishment of the French territory not fully enforced.

 (Act 93-1027 of 24 August 1993) It shall be likewise for the person whose residence in France is irregular with
respect to the statutes and conventions concerning the residence of aliens in France.

 (Act no 98-170 of 16 March 1998) The provisions of this Article shall not apply to a minor child who may acquire
French nationality under Articles 21-7, 21-11, 21-12 and 22-1,nor to a condemned person who has benefited from a
rehabilitation by operation of law or by a judicial rehabilitation in accordance with Article 133-12 of the Penal Code, or
the entry of whose sentence has been excluded from the certificate no 2 of the police record, in accordance with Articles
775-1 and 775-2 of the Code of Criminal Procedure" (Act no 2003-1119 of 26 Nov. 2003).

 SECTION II
Of the Effects of Acquiring French Nationality Articles 22 to 22-3

Art. 22

(Act no 83-1046 of 8 Dec. 1983)

 A person who has acquired French nationality enjoys all the rights and is bound to all the duties attached to the
status of French, from the day of that acquisition.

Art. 22-1

(Ord. no 2005-759 of 4 July 2005)

 A minor child one of the parents of whom acquires French nationality, becomes French as of right where he has the
same usual residence as that parent, or resides in turn with that parent in the event of separation or divorce.

 (Act no 98-170 of 16 March 1998; Act no 99-1141 of 29 Dec. 1999) The provisions of this Article shall not apply to
the child of a person who acquires French nationality by a decision of the French government or by declaration of
nationality unless his name is mentioned in the decree or the declaration.

Art. 22-2

(Act no 73-42 of 9 Jan. 1973)

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

Art. 22-3

(Act no 93-933 of 22 July 1993)

 However, a child who is French under Article 22-1 and who was not born in France has the power to repudiate that
status within six months preceding and twelve months following his coming of age.

 He must exercise that power by declaration uttered as provided for in Articles 26 and following.

 He may divest himself of that power from the age of sixteen in the same way.

 CHAPTER IV
Of Loss and Forfeiture of, and of Reinstatement in French Nationality Articles 23 to 25-1

 SECTION I
Of Loss of French Nationality Articles 23 to 23-9

Art. 23

(Act no 73-42 of 9 Jan. 1973)

 An adult of French nationality residing usually abroad, who acquires voluntarily a foreign nationality, loses French
nationality only where he so declares expressly, in the way provided for in Articles 26 and following of this Title.

Art. 23-1

(Act no 73-42 of 9 Jan. 1973)

 The declaration in view to losing French nationality may be subscribed from the filing of the request for acquiring the
foreign nationality and, at the latest, within a period of one year after the date of that acquiring.

Art. 23-2

(Act no 98-170 of 16 March 1998)

 French persons who are under the age of thirty-five years may not subscribe the declaration provided for in Articles
23 and 23-1 above unless they have complied with the duties under Book II of the Code of National Service.

Art. 23-3

(Act no 98-170 of 16 March 1998)

 Loses French nationality a French person who exercises the power to repudiate that status in the circumstances
referred to in Articles 18-1, 19-4 and 22-3.

Art. 23-4

(Act no 73-42 of 9 Jan. 1973)

 Loses French nationality a French person, even being a minor, who, having a foreign nationality, is, on his request,
authorized by the French Government to lose the status of French.

 That authorization shall be granted by decree.

Art. 23-5

Updated 04/04/2006 - Page 10/268


CIVIL CODE

(Act no 73-42 of 9 Jan. 1973)

 In the event of a marriage with an alien, the French spouse may repudiate French nationality in accordance with
Articles 26 and following, if he or she has acquired the foreign nationality of her or his spouse and the usual residence of
the couple is established abroad.

 (Act no 98-170 of 16 March 1998) However, French persons who are under the age of thirty-five may not exercise
that power of repudiation unless they have complied with the duties under Book II of the Code of National Service.

Art. 23-6

(Act no 73-42 of 9 Jan. 1973)

 The loss of French nationality may be recorded by judgment where the party concerned, French by parentage, has
not the apparent status thereof and never had his usual residence in France, if the ancestors from whom he held French
nationality have not had themselves the apparent status of French or residence in France for half a century.

 The judgment shall determine the date when French nationality was lost. It may decide that that nationality was lost
by the predecessors of the party concerned and that the latter never was French.

Art. 23-7

(Act no 73-42 of 9 Jan. 1973)

 A 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 Conseil d'Etat.

Art. 23-8

(Act no 73-42 of 9 Jan. 1973)

 Loses French nationality a French person who, filling an employment in a foreign army or public service or in an
international organization of which France is not a member, or more generally providing his assistance to it, did not
relinquish his employment or stop his assistance notwithstanding the order of the Government.

 The party concerned shall be declared, by decree in Conseil d'Etat, to have lost French 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.

 Where the opinion of the Conseil d'Etat is adverse, the measure provided for in the preceding paragraph may be
adopted only by a decree in Council of Ministers.

Art. 23-9

(Act no 73-42 of 9 Jan. 1973)

 Loss of French nationality takes effect:

 1° Where Article 23 so provides from the date of acquisition of the foreign nationality;

 2° Where Articles 23-3 and 23-5 so provide from the date of the declaration;

 3° Where Articles 23-4, 23-7 and 23-8 so provide from the date of the decree;

 4° Where Article 23-6 so provides from the day named in the judgment.

 SECTION II
Of Reinstatement in French Nationality Articles 24 to 24-3

Art. 24

(Act no 73-42 of 9 Jan. 1973)

 Reinstatement in French nationality of persons who prove to have had the status of French shall result from a
decree or a declaration in accordance with the distinctions provided for in the Articles below.

Art. 24-1

(Act no 73-42 of 9 Jan. 1973)

 Reinstatement by decree may be obtained at any age and without any requirement as to a probationary period. As
to other issues, it shall be subject to the requirements and rules of naturalisation.

Art. 24-2

(Act no 73-42 of 9 Jan. 1973)

 Persons who"have lost French nationality" (Act. no 98-170 of 16 March 1998) by reason of a marriage with an alien
or acquisition of a foreign nationality by an individual decision may, subject to the provisions"of Article 21-27" (Act no
93-933 of 22 July 1993), be reinstated by a declaration subscribed in France or abroad as provided for in Articles 26
and following.

 They must have kept or acquired patent bonds with France, especially of cultural, professional, economic or family
nature.

Art. 24-3

(Act no 93-933 of 22 July 1993)

 Reinstatement by decree or declaration is effective with regard to children under eighteen, subject to the conditions
under Articles 22-1 and 22-2 of this Title.

 SECTION III
Of Forfeiture of French Nationality Articles 25 to 25-1

Art. 25

Updated 04/04/2006 - Page 11/268


CIVIL CODE

(Act no 73-42 of 9 Jan. 1973)

 An individual who acquired the status of French may be declared by decree adopted after assent of the Conseil
d'Etat to have forfeited French nationality,"save where forfeiture has the effect of making him stateless" (Act no 98-170
of 16 March 1998):

 1° Where he is sentenced for an act characterized as"ordinary or serious offence which constitutes an injury to the
fundamental interests of the Nation" (Act no 93-933 of 22 July 1993)"or for an ordinary or serious offence which
constitutes an act of terrorism" (Act no 96-647 of 22 July 1996);

2° Where he is sentenced for an act characterized as"ordinary or serious offence provided for and punished by
Chapter II of Title III of Book IV of the Penal Code" (Act no 93-933 of 22 July 1993);

 3° Where he is sentenced for evading the duties under the Code of National Service;

 4° Where he committed acts incompatible with the status of French and detrimental to the interests of France for
the benefit of a foreign State;

 5 ° [repealed].

Art. 25-1

(Ord. no 2005-759 of 4 July 2005)

 Forfeiture shall be incurred only where the facts of which the person concerned is accused and that are referred to
in Article 25 occurred before the acquiring of French nationality or within ten years as from the date of that acquiring.

 It may be pronounced only within ten years as from the perpetration of those facts.

 Where the facts of which the person concerned is accused are referred to in Article 25, 1°, the periods referred to in

the two preceding paragraphs shall be extended to fifteen years.
CHAPTER V
Of Acts related to Acquisition or Loss of French Nationality Articles 26 to 28-1
SECTION I
Of Declarations of Nationality Articles 26 to 26-5
Art. 26
(Act no 93-933 of 22 July 1993; Act 98-170 of 16 March 1998)

 Declarations of nationality shall be received by the juge d'instance or by consuls in the form prescribed by decree in
Conseil d'Etat.

 An acknowledgment of receipt must be issued after the filing of the documents necessary for proving their
admissibility.

Art. 26-1

(Act no 93-933 of 22 July 1993)

 A declaration of nationality must, on pain of nullity, be registered either by the juge d'instance as regards
declarations subscribed in France, or by the Minister of Justice as regards declarations subscribed abroad.

Art. 26-2

(Act no 93-933 of 22 July 1993)

 The seats and territorial jurisdiction of the tribunaux d'instance which are empowered to receive and register
declarations of French nationality shall be established by decree.

Art. 26-3

(Act no 93-933 of 22 July 1933; Act no 98-170 of 16 March 1998)

 The Minister or the judge shall refuse to register declarations which do not comply with the statutory requirements.

 His reasoned decision shall be notified to the declarant, who may challenge it before the tribunal de grande instance
within six months. The claim may be brought personally by a minor from the age of sixteen.

 The decision of refusal to register must be taken within six months at the latest after 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 to the declarant.

 The period shall be extended to one year as regards declarations subscribed under Article 21-2.

Art. 26-4

(Act no 93-933 of 22 July 1993; Act no 98-170 of 16 March 1998)

 Within one year following the date when it was made, registration may be challenged by the Government
procurator's office*, where the statutory requirements are not met.

 In the absence of a refusal to register within the statutory period, a copy of the declaration shall be given to the
declarant bearing the mention of the registration.

 The registration may still be opposed by the Government procurator's office in the event of lie or fraud within two
years after their being detected. The stopping of the community of living between spouses within twelve months after
registration of the declaration under Article 21-2 shall constitute a presumption of fraud.

Art. 26-5

(Act no 93-933 of 22 July 1993)

 Subject to the provisions of Article 23-9, paragraph 2 (1°), declarations of nationality, from the moment that they
have been registered, take effect as from the date when they are subscribed.

Updated 04/04/2006 - Page 12/268


CIVIL CODE

since 1997 Koreanlawyer.com
This website was powered by Ewisoft eCommerce Website Builder.