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<p>Under French law and in civil law countries generally, the children of a deceased person are entitled to equal reserved rights in the deceased’s estate known as the <i>réserve héréditaire</i> or <i>réserve légale</i>. This ancient principle has undergone a recent evolution in the international context where French law finds itself confronted with legal systems where testamentary freedom is the rule. In <i>Jarre v. France</i> n° 14157/18 of 15 February 2024, the European Court of Human Rights (ECtHR) dismissed Jean-Michel and Stéphanie Jarre’s claim over their father’s estate and confirmed that “children have no unconditional right to inherit their parents’ property” (ECtHR 15.2.2024, Jarre v. France n° 14157/18). The case was highly publicised due to the celebrity of the parties involved. It referred to the recent evolution of French statute and case law on the extent of forced heirship namely since LOI n° 2006-728 of 23 June 2006, EU Succession Regulation 650/2012 and the decisions of the <i>Cour de cassation</i> and the <i>Conseil constitutionnel</i>. The ECtHR decision offers an opportunity for a recapitulation of French succession law and the institution of the <i>réserve légale</i> since the original <i>Code civil</i> of 1804.</p>

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Jarre v. France – forced heirship in the case law of the European Court of Human Rights

  • 期刊论文

  • 发表日期：

    2025年6月26日

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  • Patrick Delas

摘要

Under French law and in civil law countries generally, the children of a deceased person are entitled to equal reserved rights in the deceased’s estate known as the réserve héréditaire or réserve légale. This ancient principle has undergone a recent evolution in the international context where French law finds itself confronted with legal systems where testamentary freedom is the rule. In Jarre v. France n° 14157/18 of 15 February 2024, the European Court of Human Rights (ECtHR) dismissed Jean-Michel and Stéphanie Jarre’s claim over their father’s estate and confirmed that “children have no unconditional right to inherit their parents’ property” (ECtHR 15.2.2024, Jarre v. France n° 14157/18). The case was highly publicised due to the celebrity of the parties involved. It referred to the recent evolution of French statute and case law on the extent of forced heirship namely since LOI n° 2006-728 of 23 June 2006, EU Succession Regulation 650/2012 and the decisions of the Cour de cassation and the Conseil constitutionnel. The ECtHR decision offers an opportunity for a recapitulation of French succession law and the institution of the réserve légale since the original Code civil of 1804.