Section 1: Non-seizability of the principal residence

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Article L526-3

French Commercial codeIn force

Updated 7 Nov 2023

In the event of the sale of property rights in the main residence, the price obtained remains exempt from seizure, provided that the sums are reinvested within one year in the acquisition by the person mentioned in the first paragraph of article L. 526-1 of a property in which their main residence is located.

The unseizability of rights in the principal residence and the declaration of unseizability relating to any built or unbuilt property not used for business purposes may be waived at any time, subject to the conditions of validity and enforceability set out in article L. 526-2. The waiver may relate to all or part of the property; it may be made in favour of one or more of the creditors mentioned in article L. 526-1 designated by the deed of waiver. Where the beneficiary of the waiver assigns his claim, the assignee may rely on it. The waiver may be revoked at any time under the conditions of validity and enforceability set out in article L. 526-2. This revocation only has effect with regard to the creditors mentioned in article L. 526-1 whose rights arise after its publication.

The effects of the unseizability and those of the declaration survive the dissolution of the matrimonial property regime where the person mentioned in the first paragraph of Article L. 526-1 or the declarant mentioned in the second paragraph of the same Article L. 526-1 is the beneficiary of the property. They also subsist in the event of the death of the person mentioned in the first paragraph of the said Article L. 526-1 or of the declarant mentioned in the second paragraph of the same Article L. 526-1 until the liquidation of the estate.

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

English · French · Russian

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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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