Heritage and pets

Illustration : "Les successions et les animaux de compagnie"

can our pets inherit it? The answer is no.

abstract

pets are part of the inheritance. Pets are not part of the

inheritance stipulated in article 902 of the civil code. “Anyone can dispose of and accept them through living gift or will, Except as provided by law. ” Therefore, animals are not mentioned because they have no legal personality. Therefore, they cannot accept that animals are not our heirs. Therefore, when the owner has no final will, the traditional inheritance rules apply. Therefore, animals are part of the property to share. However, this rule can be avoided by indirectly excluding pets from the property to be divided.

pets are part of the

heritage, and if the deceased does not provide anything for his pets, the pets will be included in the heritage. Animals are part of the property to be shared, and the rules for the division of inheritance apply (if there are multiple heirs). Therefore, when liquidating and sharing indivisible property, it is impossible to give priority to those who love missing animals most. In addition, difficulties may arise before dividing the property; Animals may incur maintenance and food costs that must be reimbursed, but these costs must be paid for indivisible interests (Paris court of appeal, 27 March 2003) and must be negotiated or authorized in advance (Bordeaux court of appeal, sixth civil chamber, 4 March 2014).

in order to avoid these rules, it should be noted that their pets can be satisfied indirectly. The

pets are not part of the

heritage Unless he is really crazy, in case law, the desire to ensure the future of animals is no longer regarded as a sign of dementia, as was the case in 1964 (Supreme Court of appeal, civil court, 17 November 1964).

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Because animals are not legal persons, they are not the subject of law, but the object of law. Therefore, the classic way to ensure their economic future is through gift (giving someone unconditional benefits) However, conditions must be met: these allegations should not be impossible, illegal and immoral.

refers to the trusted person (natural or legal person) designated by the disposer (deceased) However, its effectiveness was questioned, especially because it lacked a unique heritage and could not involve third parties to ensure the smooth operation. According to Professor Jean Pierre marg é Naud, the trust solves the shortcomings of the estate and assumes the responsibility of taking care of the animals, especially because the estate is very different. In fact, the settlor (the owner of the animals) Transfer its property to the trustee so that it can protect its property from potential creditors of the trustee. The animal protection society can also be rewarded. It must be very precise to avoid any interpretation problems. If there is a dispute, the classical rules apply

and

shall also be understood as: protecting the hound

and

, even since the introduction of articles 515-14 of the civil code by Law No. 2015-177 of February 16, 2015, Animals are no longer things, but sentient creatures. They are still a heritage. Only by obtaining the legal personality of animals can we determine the fate of animals and affect the fear of some people.

and

go further: see Professor Jean Pierre marg é Naud’s Chronicle, choupette et l’heritage Du master, semi annual review of animal law, P. 17 and s.

https://idedh.edu.umontpellier.fr/files/2019/12/RSDA-1_2-2019.pdf “Kdspe

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