Article 812-1-3 of the French Civil Code
November 7, 2023
As long as no heir covered by the mandate has accepted the succession, the mandatary only has the powers granted to the successor in Article 784.
As long as no heir covered by the mandate has accepted the succession, the mandatary only has the powers granted to the successor in Article 784.
The mandate with posthumous effect is subject to the provisions of articles 1984 to 2010 which are not incompatible with the provisions of this section.
The mandate is free of charge unless otherwise agreed. If remuneration is provided for, it must be expressly stated in the mandate. It corresponds to a share of the fruits and revenues received by the estate and resulting from the management or administration of the mandatary. In the event of insufficient or no fruits and income, it may be supplemented by a capital sum or take the form of a…
The remuneration of the mandatary is a charge on the estate which gives rise to a right to reduction where it has the effect of depriving the heirs of all or part of their reserve. The heirs covered by the mandate or their representatives may apply to the courts for a review of the remuneration where they can justify that it is excessive in relation to the duration or the…
The mandate terminates by one of the following events: 1° The arrival of the stipulated term; 2° The renunciation of the mandatary; 3° The judicial revocation, at the request of an interested heir or his representative, in the event of the absence or disappearance of a serious and legitimate interest or the poor performance by the mandatary of his mission…; 4° The conclusion of a conventional mandate between the heirs…
Revocation on the grounds of the disappearance of a serious and legitimate interest does not give rise to the reimbursement by the agent of all or part of the sums received by way of remuneration, unless they have been excessive having regard to the duration or the responsibility actually assumed by the agent. Without prejudice to damages, where the revocation is due to improper performance of his duties, the agent…
The agent may only renounce continuing to execute the mandate after notifying his decision to the heirs concerned or their representatives. Unless otherwise agreed between the agent and the heirs concerned or their representatives, renunciation takes effect at the end of a period of three months from the notification. Without prejudice to damages, the agent remunerated by a capital sum may be required to return all or part of the…
Each year and at the end of the mandate, the mandatary shall render an account of his management to the interested heirs or their representatives and inform them of all acts performed. Failing this, judicial revocation may be requested by any interested party. If the mandate is terminated as a result of the death of the mandatary, this obligation falls to his heirs.
The heirs may, by mutual agreement, entrust the administration of the estate to one of them or to a third party. The mandate is governed by articles 1984 to 2010. When at least one heir has accepted the succession up to the amount of the net assets, the mandatary can only be appointed by the judge, even with the agreement of all the heirs. The mandate is then governed by…
The judge may appoint any qualified person, natural or legal, as a mandatary of the succession, for the purpose of temporarily administering the succession due to the inertia, failure or fault of one or more heirs in this administration, their disagreement, a clash of interests between them or the complexity of the succession situation. The application is made by an heir, a creditor, any person who, on behalf of the…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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