Appendix: Key provisions of the French and German Civil Codes

Summary

In this annexe, to assist the reader unfamiliar with French and German law, I list the key provisions of the French and German Civil Codes referred to in this book. The translations of the French Civil Code are taken from Légifrance: www.legifrance.gouv.fr and the translations of the German Civil Code and Basic Law are taken from the German Ministry of Justice site: www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html.

France: French Civil Code/Code civil (C civ)

Article 371–1

(Act No 2002–305 of 4 March 2002)

Parental authority is a set of rights and duties whose finality is the welfare of the child.

It is vested in the father and mother until the majority or emancipation of the child in order to protect him in his security, health and morality, to ensure his education and allow his development, showing regard to his person.

Parents shall make a child a party to judgments relating to him, according to his age and degree of maturity.

Article 372

(Act No 2002–305 of 4 March 2002)

The father and mother shall exercise in common parental authority.

Where, however, parentage is established with regard to one of them more than one year after the birth of a child whose parentage is already established with regard to the other, the latter alone remains vested with the exercise of parental authority. It shall be likewise where parentage is judicially declared with regard to the second parent of the child.