Where it has not been possible to give them the summons, the court registry sends a summons to the hearing to the protected adult or adult to be protected, except where the judge has decided that there is no need to proceed with the hearing pursuant to the provisions of the second paragraph of article 432 and the first paragraph of Article 494-4 of the Civil Code, to the person…
At the hearing, the judge hears the applicant for protection, the adult to be protected, unless the judge applies the provisions of the second paragraph of article 432 or 494-4 of the Civil Code and, where appropriate, the public prosecutor. The parties’ lawyers, where they have constituted one, shall be heard in their observations. The case is heard and judged in chambers.
An application for the protection of a person of full age lapses if the guardianship judge has not given a ruling on it within the year in which it was referred to him or her.
When applying article 442 or paragraph 5 of article 494-6 of the Civil Code, the judge shall rule after hearing or calling the protected person under the conditions provided for in articles 1220 to 1220-2 of the present code and obtained the opinion of the person responsible for protection. Its decision is notified under the conditions provided for in articles 1230 to 1231 of the same code. However, where it…
With the exception of cases where he orders an adversarial hearing pursuant to article 1213, the judge shall rule on requests sent to him or her after protection has been granted by the protected adult or the person responsible for his or her protection within three months of receiving them, unless they require information to be gathered, additional documents to be produced, an investigative measure to be taken or any…
Any decision of the judge is notified, at the registry’s behest, to the applicant, the person in charge of protection or the legal administrator and to all those whose rights or obligations resulting from the protection measure it modifies. It is also notified to the minor who has reached the age of sixteen unless his or her condition does not allow it. In addition, in the case of Article 502…
The protected person is notified of the judgment ruling on an application to open a protective measure or ordering family habilitation of an adult; notice of this is given to the public prosecutor. However, the judge may, by specially reasoned decision, decide that there is no need to notify the protected adult of the judgment ruling on the opening of the protective measure if this information is likely to be…
Notifications that must be made at the registry’s behest are made by registered letter with acknowledgement of receipt; the judge may, however, decide that they will be made by bailiff’s deed. The issue of a certified copy of a decision of the judge or of a deliberation of the family council, by the clerk’s office against a dated and signed receipt, is equivalent to notification once the interested party has…
An extract of any decision opening, modifying the regime or duration of, or terminating a curatorship or guardianship measure concerning an adult or an extract of any decision granting, modifying, renewing or terminating general family habilitation is transmitted by any means to the registry of the judicial court in whose jurisdiction the protected person was born, for the purpose of being kept in the civil register and publicised by mention…
The family council is convened by the guardianship judge. It is convened as of right if requested: 1° Either by two of its members; 2° Either by the tutor or subrogated tutor; 3° Or by the minor himself aged sixteen or over; 4° Or by the protected adult. The family council is also convened at the request of the minor who is under sixteen years of age and capable of…
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
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
