Let’s get rid of the French reserved portion

11 / 03 / 2019

GenerationLibre advocates for the removal of the reserved portion principle in the French law in order to respect the last wishes of every individual, reward merit and promote philanthropy. This liberalization would allow a more spontaneous distribution of wealth, detached from biology 

The reserved portion is the share of a deceased person’s assets which the French law automatically redistributes among family members.

This law goes against individual freedom as it violates citizens’ last wishes. The state gets into the privacy of families to decide the inheritance size and beneficiaries as if it was its own.

What are we waiting for to remove an oppressive law article which doesn’t allow to reward merit and foster philanthropy.

Furthermore, it fosters social reproduction by enforcing a linear and obligatory transmission of family assets. The  result is a society of heirs since the capital stays in the same family hands generation after generation instead of circulating freely.The reserved portion also hinders the development of a philanthropic culture in France by preventing to give one’s assets to a more general cause than family.

In this report, Benoît Morel, notary since 2007, and Maxime Sbaihi, managing director of the GenerationLibre think-tank, analyse the origins of this law, explain why it violates freedom and private property , and explain how to get rid of it.

Getting rid of the reserved portion is a good way to restore individual freedom and protect private property. To fight endogamy and wealth inequalities, let’s give everyone the opportunity to use freely its remaining assets when it departs from this world.



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