The Difficult Road to Harmonization of French Succession Law

Abstract

The difficult road to harmonization of French succession law deals with the noticeable issue of legal pluralism in France before the Civil Code (1804). Moreover, the succession questions concern patrimonial aspects with policy implications. Two systems coexisted: intestate succession and will. The separation in two parts of the territory make the analysis difficult. Practice resulted in new forms and contradict Roman law and Canon law. Hence the King of France wanted the law of succession to be unified or to be standardized. But, unfortunately, this attempt failed. Kings continued to try to solve this problem. Especially, in the 18th century, a political desire tried to solve many problems raised by legal pluralism. As a matter of fact, too many forms of testament led to confusion and undermined justice. But a broad resistance of the main judicial courts scuppered this project. During the French Revolution, different laws triggered a real crisis. In effect, revolutionaries decided to combat against the paternal authority. At least, the removal of the testament standardized the law of succession. The French Civil Code did it with a synthesis of the best of both systems.