Chapter III: Obligations of the insurer and the insured.

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Article L113-15-2

French Insurance CodeIn force

Updated 8 Nov 2023

For insurance contracts covering natural persons outside their professional activities and falling within the branches or categories of contracts defined by decree of the Conseil d'Etat, the insured may, after a period of one year from the date of first subscription, cancel tacitly renewable contracts and memberships without cost or penalty. Cancellation takes effect one month after the insurer has been notified by the insured.

The right of cancellation provided for in the first paragraph is mentioned in each insurance contract. It is also indicated on each premium or contribution due date.

The right of cancellation provided for in the first paragraph is not available to the member when the relationship between the member and the employer makes membership of the contract compulsory.

When the contract is cancelled under the conditions provided for in the first paragraph, the insured is liable only for that part of the premium or contribution corresponding to the period during which the risk is covered, this period being calculated up to the effective date of cancellation. The insurer is obliged to reimburse the balance to the insured within thirty days of the date of cancellation. If the balance is not reimbursed within this period, the sums due to the insured will automatically accrue interest at the legal rate.

For personal insurance contracts taken out by an employer or a legal entity for the benefit of its employees or members and falling within the categories of contracts defined by decree in the Conseil d'Etat, the right of cancellation provided for in the same first paragraph is open to the policyholder.

For motor third party liability insurance defined in article L. 211-1 and for the insurance mentioned in g of article 7 of law no. 89-462 of 6 July 1989 aimed at improving rental relations and amending law no. 86-1290 of 23 December 1986, the new insurer carries out the formalities necessary for the policyholder wishing to join it to exercise the right of cancellation under the conditions set out in the first paragraph of this article. In particular, the new insurer will ensure that the policyholder continues to be covered during the procedure.

In the event that an insured person wishes to terminate a contract concluded for the reimbursement and compensation of expenses incurred as a result of illness, maternity or accident in order to take out a new contract with a new organisation, the latter will carry out the necessary formalities on behalf of the insured person wishing to join it, in order to exercise the right of termination under the conditions set out in the first paragraph of this article. The organisations concerned will ensure that the policyholder's cover is not interrupted during the procedure.

A decree of the Conseil d'Etat will specify the terms and conditions for the application of this article.

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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