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Article 1287 of the French Code of civil procedure

The application referred to in the first paragraph of Article 1286 shall be investigated and judged as in non-contentious matters and shall obey the rules applicable to such proceedings before the judicial court. However, where the application for authorisation seeks to override the spouse’s refusal, the provisions of articles 840 to 844 shall apply. The judge hears the spouse unless he or she is duly summoned and does not appear….

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