Article 515-2 of the Civil Code sets out the cases in which a civil solidarity pact cannot be concluded. It does not define the PACS (that is the role of Article 515-1) and does not address the property effects between partners (covered in Articles 515-4 and following). Its scope is narrower: to establish three impediments whose violation leads to the nullity of the contract.
Impediments to the conclusion of a PACS: what Article 515-2 provides
The text lists three situations in which two people cannot sign a civil solidarity pact. Each impediment targets a type of pre-existing relationship between potential partners.
- A close blood or affinity relationship: the PACS is prohibited between direct ascendants and descendants, between direct relatives, and between collateral relatives up to the third degree inclusive. This covers parent-child relationships, grandparent-grandchild, step-parent-stepchild, as well as siblings, uncles, aunts, nephews, and nieces.
- An existing marriage: as soon as one of the two persons is engaged in the bonds of marriage, no PACS can be registered. The marriage must be dissolved (divorce, death) before any new union in the form of a pact.
- An ongoing PACS: if one of the partners is already bound by a civil solidarity pact, a second pact is impossible. The prior dissolution of the first PACS is a mandatory prerequisite.
The penalty provided by the text is the nullity of the pact. This is not a mere administrative irregularity: the PACS concluded in violation of Article 515-2 is deemed never to have produced legal effects.
To learn everything about Article 515 of the Civil Code and its various components, a combined reading of Articles 515-1 to 515-7 remains necessary.
Nullity of the PACS for family impediment: kinship and affinity
The first impediment is based on the closeness of the family relationship. The notion of collaterals up to the third degree deserves explanation, as it is a frequent source of confusion.
In French civil law, the degree of kinship is counted by tracing back to the common ancestor and then descending towards the other person. A brother or sister is at the second degree. An uncle or aunt is at the third degree. Article 515-2 includes this third degree in the prohibition, which closes the possibility of a PACS between an uncle and his niece, for example.
The prohibition concerning direct relatives pertains to relationships created by the marriage of a family member. A father-in-law and his daughter-in-law cannot conclude a PACS, even after the death of the spouse who created the affinity. This rule parallels the impediments to marriage provided by the Civil Code, although the regime is not strictly identical.
Difference with impediments to marriage
The impediments to marriage (Articles 161 to 164 of the Civil Code) provide, in certain cases, the possibility of a dispensation granted by the President of the Republic, particularly for marriages between direct relatives when the person who created the alliance is deceased. Article 515-2 does not provide any mechanism for dispensation for the PACS. The prohibition is absolute in the cases it addresses.
Prohibition of cumulative PACS and marriage or double PACS
The second and third impediments of Article 515-2 establish a principle of monogamy applied to the civil solidarity pact. A married person cannot conclude a PACS, and a person already in a PACS cannot enter into a second PACS.
This rule has a direct practical consequence at the time of registration. The civil registrar (or the notary, as applicable) checks the marital status and civil status of both partners before registering the pact. The verification of civil status is a mandatory prerequisite for any registration.
Prior dissolution and effective date delay
When a PACS is dissolved by joint or unilateral declaration, the dissolution takes effect between the partners on the date of its registration by the civil registrar. Towards third parties, it becomes enforceable through publicity formalities noted in the margin of each partner’s birth certificate.
This time lag impacts the timeline: a partner wishing to conclude a new PACS must wait until the dissolution of the previous one is effectively registered. As long as this formality is not completed, the impediment of the third paragraph of Article 515-2 remains active.
Legal scope of Article 515-2 in family law
Article 515-2 is limited to the conditions for forming a PACS. It does not address the obligation of material support between partners, the property regime, or solidarity for household debts. These issues fall under Articles 515-4 and following of the Civil Code.
This separation between impediments and effects of the pact is comparable to the distinction made for marriage between substantive conditions (consent, age, absence of impediment) and the effects of the matrimonial regime. Article 515-2 protects family public order by preventing unions contrary to the rules of kinship or the principle of monogamy, without interfering with the contractual freedom of partners to organize their property life.
The nullity provided by this article is an absolute nullity. Any person with an interest in acting can request it, including the public prosecutor. The applicable statute of limitations follows the common law regime for absolute nullities.
Article 515-2 remains one of the strictest locks in couple law in France, applicable without dispensation and without exception. Mastery of it is a prerequisite for anyone considering entering into a civil solidarity pact, especially when family ties or a previous union not yet dissolved could pose an obstacle.
