Article 404 of the French Civil Code
November 8, 2023
If there is no testamentary guardian or if the guardian appointed as such ceases to hold office, the family council appoints a guardian for the minor.
If there is no testamentary guardian or if the guardian appointed as such ceases to hold office, the family council appoints a guardian for the minor.
The family council may, in consideration of the minor’s situation, the abilities of the persons concerned and the extent of the assets to be administered, appoint several tutors to jointly exercise the protective measure. Each tutor is deemed, with regard to third parties, to have received from the others the power to perform alone those acts for which a tutor would require no authorisation. The family council may decide that…
The guardian is appointed for the duration of the guardianship.
Guardianship is a personal charge. It does not pass to the guardian’s heirs.
The tutor takes care of the minor’s person and represents him in all acts of civil life, except in cases in which the law or custom authorises the minor to act himself. He represents the minor in court. However, he may only act, as plaintiff or defendant, to assert extrapatrimonial rights with the authorisation or on the injunction of the family council. The latter may also order the tutor to…
The property or rights of a minor may not be transferred to a trust.
Guardianship includes a subrogated guardian appointed by the family council from among its members. If the guardian is a relative or ally of the minor in one branch, the subrogated guardian is chosen, as far as possible, from the other branch. The office of the subrogated guardian ceases on the same date as that of the guardian.
The subrogated guardian supervises the exercise of the guardianship mission and represents the minor when the minor’s interests are in opposition to those of the guardian. The subrogated guardian is informed and consulted before any important act is carried out by the guardian. On pain of incurring liability to the minor, he supervises the acts performed by the tutor in that capacity and informs the guardianship judge without delay if…
Guardianship is declared vacant if it is impossible to set up guardianship with a family council or to admit the child as a ward of the State. In this case, the guardianship judge refers it to the public authority with jurisdiction over child welfare. The guardianship then has neither a family council nor a subrogated guardian. The guardianship is lifted as soon as the child becomes a ward of the…
The guardianship judge and the public prosecutor exercise general supervision over guardianship within their jurisdiction. The guardians and other guardianship bodies are obliged to comply with their summons and to provide them with any information they require. The judge may issue injunctions against them and impose the civil fine provided for in the Code of Civil Procedure on those who fail to comply.
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is a Registered Trademark of
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75001, Paris France
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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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