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Article 1254-1 of the French Code of civil procedure

For the application of the article 511 of the Civil Code, where the protected person’s resources allow and the director of the registry considers it useful, the latter may request, at the protected person’s expense, the assistance of a bailiff in his task of verifying the accounts. The protected person and the person appointed to exercise the protection measure are informed of this by any means; they may refer this…

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Article 1256 of the French Code of civil procedure

Where the medical certificate described by article 431 of the Civil Code and the medical opinion referred to in articles 426 and 432 of the same code are requested by the public prosecutor or ordered by the guardianship judge, they are paid for under the conditions provided for in 3° of Article R. 93 of the Code of Criminal Procedure and recovery of their cost is pursued according to the…

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Article 1258 of the French Code of civil procedure

For the implementation of the future protection mandate established pursuant to the first paragraph of Article 477 of the Civil Code, the mandatary shall appear in person at the registry of the judicial court in whose jurisdiction the mandator resides, accompanied by the mandator, unless it is established, by medical certificate, that his presence at the court is incompatible with his state of health. The agent shall present to the…

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Article 1258-1 of the French Code of civil procedure

For the implementation of the future protection mandate established pursuant to the third paragraph of Article 477 of the Civil Code, the mandatary shall appear in person at the registry of the judicial court in whose jurisdiction the beneficiary of the mandate resides, accompanied by the latter, unless it is established, by medical certificate, that his presence at the court is incompatible with his state of health. The mandatary shall…

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Article 1258-2 of the French Code of civil procedure

The court clerk shall also check, in the light of the documents produced, that: 1° The principal and the agent were of full age or emancipated minors on the date the mandate was drawn up; 2° The procedures for monitoring the agent’s activity are formally provided for; 3° The lawyer has countersigned the mandate when he has drawn it up pursuant to Article 492 of the Civil Code; 4° The…

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Article 1258-3 of the French Code of civil procedure

If all the required conditions are met, the court clerk, after initialling each page of the mandate, mentions at the end of the deed that it takes effect from the date of its presentation to the court clerk’s office, endorses it and returns it to the agent, together with the documents produced. If the court clerk considers that the conditions have not been met, he returns the mandate to the…

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Article 1259 of the French Code of civil procedure

The restoration of the protected person’s personal faculties is established by a medical certificate no more than two months old, issued by a doctor chosen from the list mentioned in article 431 of the Civil Code, referred to by the beneficiary of the mandate, the mandator or his agent and establishing that the protected person is no longer in one of the situations provided for in article 425 of the…

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