Chapter III: Liability of establishments with regard to the property of residents

Any person admitted to or accommodated in an establishment referred to in article L. 1113-1 is invited, on admission, to deposit the movable items whose nature justifies their detention during their stay in the establishment. On this occasion, written and oral information is given to the person admitted or accommodated, or to their legal representative in the case of a minor or, if the person is the subject of a…

In establishments with a public accountant, deposits are made with the public accountant or an administrator appointed for this purpose when they concern sums of money, securities, means of payment or valuables. Other items are deposited with an agent appointed for this purpose by the director of the establishment. In establishments without a public accountant, deposits are made with the director of the establishment or an agent designated by him.

When the person admitted or accommodated decides to keep with them during their stay one or more of the items that may be deposited in application of article R. 1113-1, the establishment or the State in the case of army hospitals may only be held liable under the conditions defined in articles L. 1113-1 and L. 1113-2 if : 1° No sums of money, securities, means of payment or valuables…

The depositary shall give the depositor a receipt containing the inventory of the items deposited and, where applicable, kept by the depositor in accordance with article R. 1113-3. The receipt or a copy of the receipt is placed in the administrative file of the person concerned. A special register is kept by the depositary. Deposits are recorded in this register as they are made and, where applicable, the fact that…

In the case referred to in article L. 1113-3, an inventory of all objects carried by the admitted person is immediately drawn up by the person in charge of the admissions department, or any other agent or employee of the establishment, and the accompanying person or, failing this, another agent or employee of the establishment. The items and the inventory are given to the custodian, who records the deposit in…

All items left behind by the person admitted or accommodated on discharge are deposited if they had not been deposited previously and unless the person gives instructions to the contrary. These items are also deposited in the event of death. The person admitted or accommodated, his legal representative in the case of a minor or, in the case of an adult subject to a legal protection measure with representation relating…

When the depositor is finally discharged from the institution, he/she will be given a document inviting him/her to withdraw the items deposited, as part of the discharge formalities. In the event of the depositor’s death, his heirs are given a document inviting them to withdraw the items deposited and reminding them of the provisions of article L. 1113-7.

Sums of money, securities and transferable securities are remitted to the Caisse des dépôts et consignations in return for a receipt issued by the depository institution. A mention of the deposit is made in the interested party’s administrative file and in the special register by means of a marginal entry. Notice of the deposit is sent to the depositor, to the depositor’s legal representative in the case of a minor…

The handover to the administration responsible for the estates of other movable property not claimed under the conditions provided for in article L. 1113-7 is recorded in a report drawn up by the establishment holding the property. To this end, the person designated in article R. 1113-2 sends the departmental or, where applicable, regional director of public finance for the location of the establishment a draft handover report, by registered…