Article 1054-1 of the French Code of civil procedure
November 7, 2023
The decision is only provisionally enforceable if it so orders.
The decision is only provisionally enforceable if it so orders.
Appeals against decisions rendered in non-contentious matters shall be lodged in accordance with the rules laid down in Article 950. The provisions of Article 952 are applicable. The appeal is investigated and judged according to the procedure followed at first instance. An appeal against a decision in a contentious matter shall be lodged, heard and decided in accordance with the rules laid down in articles 917 to 925, without the…
The public prosecutor with territorial jurisdiction to challenge before the family court the first name or names chosen by the parents, pursuant to the third paragraph of article 57 of the Civil Code, is that in whose jurisdiction the child’s birth certificate is held. Where the birth record has been drawn up or transcribed by the diplomatic or consular authorities, the public prosecutor with territorial jurisdiction is that of the…
Where the public prosecutor opposes the change of first name pursuant to the provisions of the last paragraph of article 60 of the Civil Code, the claim is brought against him before the family affairs judge of the judicial court with which the public prosecutor exercises his functions.
Claims made pursuant to the provisions of the third paragraph of article 57 and the last paragraph of article 60 of the Civil Code obey the rules of ordinary written procedure applicable before the judicial court. However, the decision is enforceable on a provisional basis only if it so orders.
The operative part of the decision ordering the change of forename is forwarded without delay by the public prosecutor to the civil registrar holding the interested party’s civil status records, in the margin of which a mention of the decision is made.
An application for a change of gender and, where applicable, forenames in civil status records, shall be brought: 1° Either before the court within whose jurisdiction the person concerned resides; >or 2° Or before the court within whose jurisdiction the birth certificate of the person concerned was drawn up or, in the case of a birth abroad, the court within whose jurisdiction the central civil status department of the Ministry…
An application to change the sex indication in civil status records and, where applicable, the first names, is a matter of non-contentious proceedings. The public prosecutor may appeal.
The application is made by petition delivered or addressed to the registry. Where applicable, the application shall specify whether the application also seeks a change of forenames. The assistance of a lawyer is not compulsory.
The case is heard and debated in chambers, after obtaining the opinion of the public prosecutor. Decisions are rendered in the absence of the public.
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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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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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