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Master Thesis

Étude des différents moyens juridiques permettant de mettre fin aux situations d'indivisions successorales de longue durée : exemple de la Martinique

Abstract : According to the French legislation, the inheritance joint possession is temporary. It allows the transfer of a died parent’s belongings to his heirs. Nevertheless, in Martinique, it is not rare that inheritance joint ownerships continue of generation in generation. It disturbs everyone. In order to prevent joint possession, it is recommended to parents to distribute their belongings during their lifetime. For that purpose, they have the possibility of establishing a will. Concession of donations to their heirs is another option. The third proposed choice is the creation of a property investment company to manage jointly their belongings with their children. In absence of preliminary distribution of their properties, parents expose their heirs to joint possession and its consequences. A prolonged joint possession multiplies coowners which aggravating management of the family’s properties. Besides, it has a social impact because inhabitants have difficulty in finding accommodation. Country planning and agricultural activities are also impacted by a long-term joint possession. Conscious of the consequences of prolonged joint possession, heirs should distribute the family heritage. To end a common ownership which lasted enough, the inheritance regulation must be committed by the successors. They are free to choose the way to distribute the parental heritage. Sharing the family’s belongings may divides the family heritage. Children also have the possibility of maintaining the unity of the heritage. According to their choices, techniques of sharing are different.
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Master Thesis
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Submitted on : Wednesday, July 22, 2015 - 9:51:39 AM
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Gwladys Jean-Joseph. Étude des différents moyens juridiques permettant de mettre fin aux situations d'indivisions successorales de longue durée : exemple de la Martinique. Sciences de l'ingénieur [physics]. 2014. ⟨dumas-01179247⟩

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