In France, the free union (de facto couple) is not governed by any contract, instead, the organized concubinage, it is governed by a contract. Said contract is el Civil Solidarity Pact. The Civil Pact of Solidarity (abbreviated as PACS) is, together with civil marriage, one of the two forms of civil union admitted to French law.

Established since November 15, 1999, the Pacs is defined as “a contract entered into between two individuals of legal age, of different sex or of the same sex, to organize their life together"(Article 515-1 of the French Civil Code). This is only applicable in France, the PACS is not recognized in other countries, and therefore it will only apply under French law.

Obligations 

Through the PACS, the signatories are bound in solidarity to the payment of the debts contracted by one of them for the needs of daily life. Internally, between the couple, solidarity, always should be proportional to their respective possibilities and will not apply for manifestly excessive expenses. It should be noted that the cohabitants can prefer to pull apart their respective estates and its resources o, Conversely, group them. By default, this is, in the absence of pact, it is considered that the members of the couple adopt a separation regime. With which, each one of them will conserve the property, the administration, the enjoyment and the free disposition of their personal property. Those assets, over which neither member of the couple can justify their private property, will be considered equally belonging to both.

The Law also lists a certain list of goods his exclusive property of each member of the couple: goods of a personal nature, goods acquired through amounts received by donation or succession, goods created or manufactured and their accessories, and the amounts of money received by each of the members of the couple to any title and not used for the acquisition of an asset.

Requirements

In order to sign a PACS, the parties must be older, lack other current PACS ni being married, and not be related with the other signer. This will have an impact on the civil status of the people who celebrate it. Couples who have signed a PACS they must register it in the Court of Instance of the place of their common domicile. The Clerk of this court ensures that it is recorded, regardless of the birth certificate of each member of the couple. The annotation will include a mention of the existence of the Civil Solidarity Pact, indicating the identity of the other member of the couple. Namely the PACS constitutes a marital status to the contracting parties. The members of the couple they commit to life togetherAs well as the mutual assistance.

Extinction

The PACS, extinguishes with the death of one of the members of the couple or for marriage of the members of the couple. Also ends by mutual agreement, Y, by unilateral decision of one of them.

When the Civil Solidarity Pact is extinguished for the death of one of the members of the couple, the survivor may exercise a series of rights. These are recognized by the first two paragraphs of the Article 763 of the French Civil Code. Ellos guarantee free to the surviving spouse the enjoy the common home during a period of one year, under conditions almost identical to those that benefit the surviving spouse of a married couple.

You can consult more information about the French Civil Solidarity Pact in our Notary of Barcelona.