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Section 3: Intervention by the guardianship judge

Article 387-1 of the French Civil Code

The legal administrator may not, without the prior authorisation of the guardianship judge: 1° Sell by mutual agreement a property or a business belonging to the minor; 2° Bring into partnership a property or a business belonging to the minor; 3° Take out a loan on behalf of the minor; 4° Waive for the minor a right, compromise or compromise on his behalf; 5° Accept purely and simply a succession…

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Article 387-2 of the French Civil Code

The legal administrator may not, even with authorisation: 1° Alienate the property or rights of the minor free of charge; 2° Acquire from a third party a right or claim against the minor; 3° Exercise trade or a liberal profession in the name of the minor; 4° Transfer the property or rights of the minor into a fiduciary estate.

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Article 387-3 of the French Civil Code

When reviewing the acts mentioned in article 387-1, the judge may, if he considers it essential to safeguard the interests of the minor, in consideration of the composition or value of the assets, the age of the minor or his family situation, decide that an act or a series of acts of disposition will be subject to his prior authorisation. The matter may be referred to the judge for the…

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Article 387-4 of the French Civil Code

In the course of its supervision under Articles 387-1 and 387-3, the judge may ask the legal administrator for an inventory of the minor’s assets to be sent to him or her, as well as an updated inventory each year. A copy of the inventory is given to the minor who has reached the age of sixteen.

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Article 387-5 of the French Civil Code

On the occasion of the control referred to in the preceding article, the judge may ask the legal administrator to submit to the director of the judicial registry services of the judicial court an annual management account, accompanied by supporting documents, with a view to its verification. Where accounts have been requested, the legal administrator must submit to the director of the judicial registry services, at the end of his…

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Article 387-6 of the French Civil Code

The legal administrator is required to comply with the summonses of the guardianship judge and the public prosecutor and to provide them with any information they require. The judge may issue injunctions against him or her and order him or her to pay the civil fine provided for in the Code of Civil Procedure if he or she fails to comply.

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