What Happens to the Insurance Contract in the Event of Dissolution of the Community of Life?
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Insurance contract, community of life, dissolution, civil consequences, fiscal consequences, marital regime, inheritance law, family law
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Abstract
This document explores the fate of an insurance contract during the dissolution of a community of life, specifically when one spouse has subscribed to a life insurance contract and the capital has not been paid. It delves into the civil and fiscal consequences of this qualification and proposes solutions to mitigate its scope.
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[...] 1 - Article 132-12 of the Insurance Code 2 - Article 132-16 of the Insurance Code B - THE DECISION OF THE COURT OF CASSATION: THE CONTRACT IS A COMMON ASSET The value of the contract oflife insurance subscribed by a spouse appears on the asset of the community as a community assetn," thereafter the contract is not terminated on the day of the dissolution of the community, that it is dissolved by divorce or by death 1 - DISSOLUTION OF THE COMMUNITY BY DIVORCE (PRASLICKA DECISION) Judgment Cass.civ March 1992: the value of the contract must appear at the asset of the dissolved community after divorce 2 - DISSOLUTION OF THE COMMUNITY BY DEATH Judgment Cass. civ 26 June 2019: the value of the contract must also appear at the asset of the dissolved community after death for half, the other half must be part of the asset of the estate. The limit at the end of the Court of Cassation in case of liquidation and sharing of the succession of the surviving spouse at the same time as that of the predeceased spouse. [...]
[...] 18-21383 - What happens to the insurance contract in the event of dissolution of the community of life and in the absence of payment of the capital? - Introduction and detailed plan INTRODUCTION Problem of law During the dissolution of the community, when one spouse has subscribed a contract d"'assurance-life, whether it is a life insurance contract or a contract of'assurance-death, of a life insurance contract or a contract ofassurance in the event of life" or a contract ofassurance-mixed, the question of the fate of this one is posed when it is not unwound, that is to say in the absence of payment of the capital. [...]
[...] The qualification decided by the Supreme Jurisdiction has a significant impact on the settlement of the succession of the predeceased spouse. II - THE CONSEQUENCES OF THE QUALIFICATION After having apprehended the civil and fiscal consequences of this qualification we will determine the solutions to mitigate its scope - THE CIVIL AND FISCAL CONSEQUENCES The heirs and the surviving spouse to a lesser extent, are directly concerned by this qualification. 1 - For the surviving spouse: tax neutrality Ministerial Responses VASSEUR and IDRAC of 8 November 1999 The law of 21 August 2007 deciding on the tax exemption of the surviving spouse Ministerial Response BACQUET of 29 June 2010 2 - For children: the increase in the inheritance asset - CONTRACTUAL SOLUTIONS Family law and insurance law propose solutions to spouses in community of property to counteract the consequences of this qualification. [...]
