The person placed under court protection retains the exercise of his or her rights. However, he or she may not, on pain of nullity, perform any act for which a substitute decision-maker has been appointed pursuant to Article 437. The acts he has performed and the commitments he has entered into during the period of the measure may be rescinded for simple injury or reduced in the event of excess…
The mandate by which the protected person has entrusted another person with the administration of his property continues to have effect during the safeguard of justice unless it is revoked or suspended by the guardianship judge, the mandatary being heard or called. In the absence of a mandate, the rules of business management apply. Those who are entitled to request the opening of a curatorship or guardianship are obliged to…
If there is reason to act outside the cases defined in Article 436, any interested party may give notice to the judge. The judge may appoint a special representative, under the conditions and in accordance with the procedures set out in articles 445 and 448 to 451, for the purpose of carrying out one or more specific acts, even of disposal, made necessary by the management of the protected person’s…
The mandataire spécial may also be entrusted with a mission to protect the person in compliance with articles 457-1 to 463.
On pain of lapsing, the safeguard of justice measure may not exceed one year, renewable once under the conditions set out in the fourth paragraph of Article 442. When the safeguard of justice has been pronounced pursuant to Article 433, the judge may, at any time, order its release if the need for temporary protection ceases. When the safeguard of justice has been opened pursuant to Article 434, it may…
A person who, without being incapable of acting himself, needs, for one of the reasons provided for in Article 425, to be assisted or controlled in a continuous manner in the important acts of civil life may be placed under curatorship. Curatorship is ordered only if it is established that legal protection cannot provide sufficient protection. A person who, for one of the reasons provided for in article 425, must…
The judge shall determine the duration of the measure, which may not exceed five years. The judge who issues a guardianship measure may, by specially reasoned decision and on the assent of a doctor registered on the list referred to in Article 431 noting that the alteration of the personal faculties of the person concerned described in article 425 clearly does not appear likely to improve according to scientific knowledge,…
The judge may renew the measure for the same period. However, when the alteration in the personal faculties of the person concerned described in article 425 clearly does not appear likely to improve according to current scientific knowledge, the judge may, by specially reasoned decision and on the advice of a doctor on the list referred to in article 431, renew the measure for a longer period that he determines,…
The measure terminates, in the absence of renewal, on expiry of the time limit set, in the event of a final discharge judgment or in the event of the death of the person concerned. Without prejudice to articles 3 and 15, the judge may also terminate it when the protected person resides outside national territory, if this distance prevents the monitoring and control of the measure.
Judgments opening, amending or terminating curatorship or guardianship may not be relied on as against third parties until two months after a mention thereof has been made in the margin of the protected person’s birth certificate in accordance with the procedures laid down by the Code of Civil Procedure. However, even in the absence of such a mention, they may be relied on as against third parties who have personal…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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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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