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Title X: Minority, guardianship and emancipation

Article 388 of the French Civil Code

A minor is an individual of either sex who has not yet reached the age of eighteen years. Bone X-ray examinations for the purpose of determining age, in the absence of valid identity documents and where the alleged age is not likely, may only be carried out by decision of the judicial authority and after obtaining the consent of the person concerned. The conclusions of these examinations, which must specify…

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Article 388-1 of the French Civil Code

In any proceedings concerning him or her, a minor capable of discernment may, without prejudice to the provisions providing for his or her intervention or consent, be heard by the judge or, where his or her interests so require, by the person designated by the judge for that purpose. Such a hearing is as of right where the minor so requests. If the minor refuses to be heard, the judge…

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Article 388-1-2 of the French Civil Code

A minor who has reached the age of sixteen may be authorised, by his or her legal administrator(s), to perform alone the acts of administration necessary for the creation and management of an individual limited liability company or a single-member company. Acts of disposal may only be carried out by his legal administrator(s). The authorisation referred to in the first paragraph takes the form of a private deed or a…

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Article 388-2 of the French Civil Code

Where, in proceedings, the interests of a minor appear to be in opposition to those of his legal representatives, the guardianship judge under the conditions provided for in Article 383 or, failing this, the judge hearing the proceedings shall appoint an ad hoc administrator to represent the minor. In the context of educational assistance proceedings, the ad hoc administrator appointed pursuant to the first paragraph of this article must be…

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Article 390 of the French Civil Code

Guardianship is established when both the father and mother are deceased or are deprived of the exercise of parental authority. It is also established in respect of a child whose parentage has not been legally established. There is no derogation from the specific laws governing the child welfare service. .

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Article 391 of the French Civil Code

In the case of legal administration, the guardianship judge may, at any time and for serious cause, either ex officio or at the request of relatives or allies or the public prosecutor, decide to open guardianship after hearing or calling, except in an emergency, the legal administrator. The latter may not carry out any act of disposal from the time of the application until the final judgment except in an…

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Article 392 of the French Civil Code

If a child is recognised by either parent after guardianship has been opened, the guardianship judge may, at the request of that parent, decide to substitute legal administration for guardianship.

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Article 393 of the French Civil Code

Without prejudice to the provisions of Article 392, guardianship ends when the minor becomes emancipated or reaches majority. It is also terminated in the event of a final discharge judgment or the death of the person concerned.

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