The French Civil Code distinguishes between a universal legatee, to whom the testator bequeaths the whole of his estate, the legatee by universal title, to whom the testator bequeaths a share of the assets that the law allows him to dispose of, and a legatee by particular title, who receives one or more specific assets (Article 1002 of the French Civil Code).
Article 1006 of the French Civil Code, in the version in force since 01 January 2007, stipulates that where there is an heir subject to reserve, the universal legatee must request the delivery of the legacy. The request, like the delivery itself, is not subject to any particular formalities and may be amicable (express or tacit, the legatee being placed in possession in full view of the heir and without reservation on his part) or judicial (Civ. 1re, 18 November 1966 and 10 May 2006). If the legatee is refused an amicable delivery, he must apply to the court in the place where the succession was opened to have his legacy delivered by the court.
In the absence of a reserved heir, the universal legatee takes possession of the legacy himself. A legatee who is also an heir is never obliged to request the delivery of his legacy (Civ. 1 re, 20 March 1984).
The legatee by universal title, like the legatee by particular title, is obliged to ask for the legacy to be delivered to the reserved heirs, failing which, to the universal legatees and, failing these, to the other heirs.
An action for delivery of a legacy must be brought within five years (article 2224 of the Civil Code, introduced by Law 2008-561 of 17 June 2008) of the testator's death. Once the limitation period has elapsed, the legatee can no longer claim his legacy, or the fruits of the thing bequeathed; he forfeits his right of ownership over the bequeathed property. (Civ. 1re, 21 June 2023 and Civ. 1re, 23 Oct. 2024).
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