Title III: Provisions relating to Book III

Articles in this section · 4

Article 2508

French Civil CodeIn force

Updated 6 Nov 2023

The provisions of Title XIX of Book III and Title II of Book IV are applicable to Mayotte subject to the provisions of Title IV of this Book and the following provisions:

1° 4° of Article 2331 is applicable in Mayotte under the following conditions:

a) (Repealed)

b) The third paragraph is not applicable;

c) The fourth paragraph is replaced by the following provisions:

"The claim of the surviving spouse of the head of a craft or commercial business who proves by any means to have participated directly and effectively in the activity of the business for at least ten years, without receiving a salary or being associated with the profits and losses of the business.

"The aforementioned claim rights are for an amount equal to three times the annual minimum interprofessional growth wage in force on the day of death up to a limit of 25% of the succession assets and, where applicable, the amount of the surviving spouse's own rights in the succession division and liquidation of the matrimonial property regime is reduced by the amount of this claim. For the liquidation of inheritance tax, this claim is added to the surviving spouse's share;";

d) The fifth paragraph is replaced by the following provisions:

"The remuneration for the last six months of employees and apprentices;";

e) (Repealed)

f) (Repealed)

g) (Repealed)

h) (Repealed)

2° In Article 2332, 9° shall not apply;

3° In Article 2377, the words: "by registration in the land register, in the manner determined by the following articles and by articles 2426 and 2428" are replaced by the words: "by entry in the land register kept by the real estate property registrar, in the manner determined by law, and from the date of such entry, subject to the exceptions provided for in the following articles";

4° In articles 2425 and 2431, the reference to the register provided for in Article 2453 is replaced by the reference to the register of deposits of deeds and documents to be registered.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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