The family council is chaired by the guardianship judge. Its deliberations are adopted by a vote of its members. However, the guardian or subrogated guardian, in the event that he replaces the guardian, does not vote. In the event of a tie, the judge has the casting vote.
The family council settles the general conditions for the maintenance and education of the minor, having regard to the wishes that the father and mother may have expressed. It assesses the compensation that may be allocated to the tutor. He takes the decisions and gives the tutor the authorisations necessary for the management of the minor’s property in accordance with the provisions of Title XII. The family council authorises a…
The deliberations of the family council are null and void where they have been surprised by fraud or deceit or where substantial formalities have been omitted. Nullity is covered by a new deliberation valid as confirmation according to article 1182. An action for nullity may be brought by the tutor, the subrogated tutor, the other members of the family council and the public prosecutor within two years of the deliberation,…
The individual right to choose a guardian, whether related to the minor or not, belongs only to the last surviving father and mother if he or she has retained, on the day of death, the exercise of parental authority. This appointment may only be made in the form of a will or a special declaration before a notary. It is binding on the family council unless the interests of the…
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.
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is a Registered Trademark of
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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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