Applications relating to the presumption of absence shall be submitted to the guardianship judge exercising his functions at the judicial court within whose jurisdiction the person whose presumption of absence is to be established resides or last resided. Failing this, the competent judge shall be that of the judicial court of the place where the applicant resides.
The application shall be made, investigated and judged in accordance with the rules applicable to guardianship of adults.
An extract of any decision establishing a presumption of absence or appointing a person to represent a person presumed to be absent and to administer his or her property, as well as any decision modifying or withdrawing the measures taken, shall be sent to the registry of the judicial court in whose jurisdiction the person presumed to be absent was born, for the purpose of being kept in the civil…
Where the decision has been handed down by the guardianship judge, the transmission is made by the clerk of the judicial court within fifteen days of the expiry of the time limits for appeal. Where the decision has been handed down by the court of appeal, the transmission is made by the clerk of that court within fifteen days of the judgment.
Applications relating to a person’s declaration of absence shall be brought before the judicial court within whose jurisdiction the person resides or last resided. Failing this, the competent court is that of the place where the applicant lives.
The claim is lodged, investigated and judged as in non-contentious matters.
The judgment is enforceable on a provisional basis only if it so orders.
The time limit within which extracts from the judgment declaring absence must be published may not exceed six months from the pronouncement of that judgment; it shall be mentioned in the extracts submitted for publication.
The appeal is lodged, investigated and judged as in non-contentious matters. The time limit for appeal shall run, with regard to the parties and third parties to whom the judgment has been notified, one month after the expiry of the time limit set by the court for the completion of the publicity measures of article 127 of the Civil Code. The time limit for lodging an appeal in cassation suspends…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
