Chapter I: General provisions

All organs of the judicial protection measure are liable for damage resulting from any fault they commit in the performance of their duties. However, except in the case of reinforced guardianship, the curator and the subrogated curator are only liable for acts performed with their assistance in the case of fraud or gross negligence.

Where the fault causing the damage was committed in the organisation and operation of the protection measure by the guardianship judge, the director of the judicial registry services of the judicial court or the registrar, the liability action brought by the protected person or person who has been protected or by his heirs is directed against the State, which has a recourse action. Where the fault that caused the damage…

Liability actions are time-barred after five years from the end of the protective measure even if the management would have continued beyond that date. However, where guardianship has ceased by the opening of a guardianship measure, the time limit only runs from the expiry of the latter.

The future protection agent incurs liability for the exercise of his mandate under the conditions provided for in Article 1992. The person authorised pursuant to the provisions of Section 6 of Chapter II of this Title shall be liable to the represented person for the exercise of the authorisation granted to him, under the same conditions.