Article R712-8 of the French Consumer Code
November 7, 2023
The committee may only validly meet if at least four of its seven members are present or represented. In the event of a tied vote, the Chairman has the casting vote.
The committee may only validly meet if at least four of its seven members are present or represented. In the event of a tied vote, the Chairman has the casting vote.
In the absence of the prefect and the departmental director of public finance, the commission is chaired by the prefect’s delegate. In the absence of the latter, it is chaired by the delegate of the departmental director of public finance.
The commission shall adopt rules of procedure.These rules shall determine the documents which must be sent to the members of the commission prior to its meeting. They also set out the operating rules, except for those covered by specific provisions in this section.
The rules of procedure are made public.The rules are displayed at the Commission secretariat and are accessible on the Banque de France website.
Except in the case provided for in article R. 711-2, the competent commission is that of the debtor’s place of residence.
The commission shall rule on forfeiture of the benefit of the procedure for dealing with overindebtedness pursuant to Article L. 712-3 by a reasoned decision that is notified to the debtor and the creditors by registered letter with acknowledgement of receipt.
The commission has a period of three months from the date of submission of the application to examine the admissibility of the application, notify it, investigate the case and decide on its orientation. .
The parties may be assisted before the commission by any person of their choice.
The debtor who wishes to be heard by the commission pursuant to the provisions of article L. 712-8 send their request by ordinary letter or hand it in to the Commission secretariat.
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182, rue de Rivoli
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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