The appeal is heard and decided in chambers. The procedure is oral. The parties’ submissions or the reference they make to submissions they would have made in writing are noted on the file or recorded in minutes. At the hearing, the court shall hear the appellant, the adult to be protected or protected, unless the court applies the provisions of the second paragraph of article 432 or article 494-4 of…
Unless the case is decided at the first hearing, the clerk shall notify those summoned who have not been verbally notified of the date of subsequent hearings.
The court may, even of its own motion, substitute a new decision for that of the guardianship judge or the deliberation of the family council. Until the close of the proceedings before the court, the guardianship judge and the family council remain competent to take any decision or deliberation necessary to preserve the rights and interests of the protected person. The clerk’s office of the court of first instance immediately…
The court’s decision shall be notified by its registry. The file, to which a certified copy of the judgment is attached, is then returned without delay to the registry of the court of first instance.
If the appeal lodged against a decision of the guardianship judge or a deliberation of the family council is rejected, the person who lodged it, with the exception of the judge, may be ordered to pay costs and damages.
The declaration for the purposes of legal protection provided for by Article L. 3211-6 of the Public Health Code is sent to the public prosecutor for the place of treatment. Where appropriate, the latter will notify the public prosecutor for the place of the protected adult’s habitual residence.
The decision by which the guardianship judge places an adult under court protection pursuant to Article 433 of the Civil Code is notified to the applicant and the protected adult and is forwarded to the public prosecutor. The latter shall, where appropriate, notify the public prosecutor of the place of habitual residence of the person concerned or the place of treatment. This placement may not be appealed.
The persons mentioned in Articles 1230 and 1230-1 may appeal against the decision by which the guardianship judge appoints a substitute decision-maker by application of the second paragraph of article 437 of the Civil Code or subsequently modifies the powers of this mandatary.
The public prosecutor who receives the declaration for the purposes of safeguarding justice provided for by article L. 3211-6of the Public Health Code or the decision of the guardianship judge provided for in Article 1249 mentions them on a register specially kept for this purpose. The declaration for the purpose of terminating the safeguard, the decision of the guardianship judge terminating the safeguard as well as the striking off are…
May obtain from the public prosecutor a copy of the declaration for the purposes of safeguarding justice mentioned in the first paragraph of article 1251 or of the decision of the guardianship judge provided for in article 1249 : 1° The judicial authorities; 2° Persons who are entitled, under article 430 of the Civil Code, to request the opening of a protective measure; 3° Lawyers, notaries and bailiffs who can…
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.
