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French government to reopen spanking row

The French government intends to reopen the debate this month about whether the country should ban the spanking of children with the minister calling for "education without violence". Brussels wants France to outlaw the use of corporal punishment.

French government to reopen spanking row
Will France ever ban the spanking of children? Photo: Shutterstock

France's minister for families, Laurence Rossignol, has called for a revival of the debate over spanking, known as "la fessée", and the use of corporal punishment in schools.

Ahead of Universal Children's Day on 20th November, when the rights of the child are celebrated, the Secretary of State for the Family reinforced concerns over smacking in schools and called for “education without violence”.

Speaking on Tuesday to radio station Europe 1, Rossignol said: “We can still be parents and be obeyed without resorting to violence, especially when it comes to small children.

“When we see a man beat his wife, everyone steps in. If we see two adults fighting, we try to separate them. If you see someone torturing an animal, you intervene. Ultimately, the only living beings that can be hit and nobody will intervene, are children.”

She added that the government did not intend to legislate on the matter immediately, saying: “The civil code already states that interpersonal violence is prohibited. There is an exemption for an educational context. We could simply get rid of this exemption."

In May 2014, French MPs rejected the addition of an anti-smacking amendment to family law, despite pressure from Brussels to introduce a ban on spanking that would bring it into line with the rest of Europe.

France is one of the few EU countries in which the law still enshrines the “right of correction” within families and where it is believed that, according to the organisation Union of Families in Europe, “spanking is an educational method”.

However there is confusion around the law. In October 2013 a man was fined €500 for spanking his son, who he claimed had shown him disrespect. He defended his actions, saying he was against the "current fashion" of parenting that stops adults from "correcting children".

The civil code simply states that "parental authority is a set of rights and duties whose purpose is the interest of the child. It is the responsibility of the parents until the child reaches majority age or is emancipated to protect their safety, health and morals, to ensure their education and allow its development, with due respect to his person.”

While under the criminal code, a person "is not criminally responsible who performs an act endorsed by legitimate authority, unless the act is clearly unlawful” – which spanking is not.

However, the penal code states “violence is punished by three years' imprisonment and a fine of €45,000 when committed on a minor under fifteen years or a person whose particular vulnerability, due to age, illness, infirmity, a physical or mental disability or to pregnancy, is apparent or known to the perpetrator” – leaving the law very much open to interpretation.

By Lindsey Johnstone

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PROPERTY

French property: What is buying ‘en tontine’?

If you're buying property in France, you might be thinking about buying 'en tontine' - this has advantages especially when it comes to France's strict inheritance laws, but can also have tax implications.

French property: What is buying 'en tontine'?

What is it?

The ‘clause de tontine’ sometimes also known as a ‘clause d’accroissement’ is a clause that is inserted into the property deeds when you are buying a house or apartment.

It can only be inserted during the purchase, and cannot be added later.

It’s basically a ‘group purchase’. It’s most commonly used by unmarried couples who are buying together but it can be used by larger groups too – for example a group of friends buying a holiday home together.

You will have to ask a notaire to draw up the tontine clause during the property purchase and it can only be used if 

  • the parties are equally involved in the financing of the purchase
  • the parties involved have a roughly equal life expectancy (for this reason tontine clauses may be rejected if there is a significant difference in age between the purchasers)

What’s the point of it?

The main reason that people use it is to sidestep France’s strict inheritance laws, which assign that a certain portion of every estate must go to children, at the expense of a partner. 

READ ALSO How France’s strict inheritance laws work

For this reason it is particularly used by couples who have children from previous relationships.

On a property with a tontine clause in effect, when one owner dies their share of the property passes in its entirely to the other member/members of the tontine.

This cuts out children from inheritance, but means that a surviving partner is not evicted from their home in favour of the children of the deceased. 

It also has the advantage of making the intentions of the deceased clear, to avoid arguments among heirs after their death.

It should be noted, however, that the tontine clause only takes in the property that it covers – other assets may be subject to French inheritance law so it’s therefore probably wise to arrange a will, to ensure your wishes for your estate are met.

The surviving party can ask a notaire to update the property deeds to show that they are the sole owner, if they want. Be aware there will be a fee, which could reach four figures for the privilege – and it doesn’t actually involve any change to the property title.

Drawbacks

The advantages of the system are clear, especially for blended families, but there are some potential drawbacks too, which mean that anyone considering buying in this way would be well advised to take proper legal advice before they start.

Inheritance tax – while a tontine will help you to avoid restrictions on inheritance, it does not exempt you from inheritance tax. French inheritance tax is structured according to your relationship to the deceased, and people who are neither married nor related to the deceased pay an eye-watering inheritance tax rate of 60 percent.

The only exception to this top rate of inheritance tax is if the property is your main residence and it is valued at under €76,000 – in that case, tax is paid at a rate of 5.8 percent.

Married couples and family members pay a much lower rate or not tax, but if you’re not married to your tontine co-purchaser, be careful that you’re not lining yourself up for a massive tax bill in future years.

Wealth tax – depending on the value of the property, it could tip you over into the ‘wealth tax’ category when you inherit. France’s wealth tax is a real estate based tax and is levied on anyone who has real estate assets (property and land) worth €1.3 million or more.

The calculation includes property held en tontine.

Tax savings – you might hear tontines being advised as a way to limit your French tax liability.

While this used to be true, changes to tax laws means there are no no significant tax advantages to buying this way – the same is true for buying a property via an SCI, which used to represent a tax saving until the law was tightened up.

Disinheriting family membersOne side effect of the tontine clause on mixed families is to effectively disinherit any children of the first person to die.

Because the property passed to the survivor, under French law, only their direct descendants – rather than any family by marriage – are entitled to automatic inheritance.

That means that the children of the surviving partner will be entitled to the statutory share of the entire asset (between 25 and 30 percent depending on the number of children), but the children of the first person to die will be entitled to nothing. Obviously you can choose to leave them something in your will, but you can only leave them some or all of the estate which is not automatically given to the children on the survivor.

Divorce/dispute – if the members of the tontine split up or (in the case of friends) fall out, then they can either sell the whole property or agree to buy each other out.

However, if one party refuses to sell, then you have very limited legal options – unlike a standard property purchase a tontine is not regarded as joint ownership, so one partner cannot be forced to sell as part of a divorce procedings, for example.

Basically the tontine can only be ended or changed with the agreement of all parties – so if you can’t agree between yourselves then you may be stuck with it.

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