Article 1216 of the French Code of civil procedure
November 7, 2023
The civil fine provided for in Articles 411-1 and 417 of the Civil Code may not exceed 10,000 euros. This decision is not subject to appeal.
The civil fine provided for in Articles 411-1 and 417 of the Civil Code may not exceed 10,000 euros. This decision is not subject to appeal.
Applications submitted to the public prosecutor for referral to the guardianship judge shall contain the identity of the person to be protected and a description of the facts requiring protection within the meaning of Article 428 of the Civil Code.
The application shall also contain, where known and useful, the following information, specifying how it was gathered: – the composition of the family of the person to be protected, their living conditions, their place of residence and their social environment; – the extent of the person’s assets, resources, charges and debts and, where applicable, the list of benefits available to the person; – the person’s autonomy, assessed in terms of…
Departmental and communal social action services, departmental homes for people with disabilities, institutions implementing the method mentioned in article L. 113-3 of the Code de l’action sociale et des familles, social and medico-social establishments and services and healthcare establishments are required to forward the information mentioned in articles 1216-1 and 1216-2. Where applicable, the managers of these establishments and services shall specify what action is being taken and envisaged in…
Outside the cases provided for in articles 390,391,442,485 and in the third paragraph of Article 494-3 of the Civil Code, the court shall be seised by application delivered or addressed to the registry of the court of first instance. When the application is made for renewal of family habilitation, a copy of the decision appointing a habilitated person shall be attached.
The application for the issue of a protective measure for a person of full age shall include, on pain of inadmissibility: 1° The detailed medical certificate provided for in article 431 of the Civil Code; 2° The identity of the person to be protected and a statement of the facts requiring this protection under articles 428 and 494-1 du même code.
The application for the protection of a person of full age provided for in article 1218 also mentions the persons belonging to the entourage of the adult to be protected listed in the first paragraph of article 430 and article 494-1 of the Civil Code, as well as the name of the person’s attending physician, if known to the applicant. As far as possible, the latter shall specify the details…
The detailed medical certificate provided for by article 431 of the Civil Code : 1° Describes in detail the impairment of the faculties of the adult of full age to be protected or protected; 2° Gives the judge any information on the foreseeable evolution of this impairment; 3° Specifies the consequences of this impairment on the need for assistance or representation of the adult of full age in the acts…
The requests sent by the public prosecutor to guardianship judges contain the information mentioned in articles 1216-1 to 1216-3.
The guardianship judge may, in all cases where he or she is obliged or considers it useful to hear the person to be protected or protected, travel throughout the jurisdiction of the court of appeal as well as in the départements bordering the one where he or she exercises his or her functions. The same rules apply to magistrates of the court of appeal in the event of an appeal.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
