Article 386-1 of the French Civil Code
Legal enjoyment is attached to legal administration: it belongs either to the parents jointly or to whichever of them is responsible for the administration.
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Legal enjoyment is attached to legal administration: it belongs either to the parents jointly or to whichever of them is responsible for the administration.
The right of enjoyment ceases: 1° As soon as the child has completed sixteen years of age or even earlier when he contracts marriage; 2° By causes which terminate parental authority or by those which terminate legal administration; 3° By causes which entail the extinction of any usufruct.
The charges for this enjoyment are: 1° Those to which usufructuaries are liable; 2° The child’s food, maintenance and education, according to his wealth; 3° The debts encumbering the estate received by the child insofar as they should have been paid out of the income.
Legal enjoyment does not extend to property: 1° Which the child may acquire through his work; 2° Which is given or bequeathed to him under the express condition that the parents will not enjoy it; 3° Which he receives by way of compensation for extrapatrimonial prejudice of which he has been the victim.
In the event of disagreement between the legal administrators, the guardianship judge is asked to authorise the deed.
The legal administrator may not, without the prior authorisation of the guardianship judge: 1° Sell by mutual agreement a property or a business belonging to the minor; 2° Bring into partnership a property or a business belonging to the minor; 3° Take out a loan on behalf of the minor; 4° Waive for the minor a right, compromise or compromise on his behalf; 5° Accept purely and simply a succession…
The legal administrator may not, even with authorisation: 1° Alienate the property or rights of the minor free of charge; 2° Acquire from a third party a right or claim against the minor; 3° Exercise trade or a liberal profession in the name of the minor; 4° Transfer the property or rights of the minor into a fiduciary estate.
When reviewing the acts mentioned in article 387-1, the judge may, if he considers it essential to safeguard the interests of the minor, in consideration of the composition or value of the assets, the age of the minor or his family situation, decide that an act or a series of acts of disposition will be subject to his prior authorisation. The matter may be referred to the judge for the…
In the course of its supervision under Articles 387-1 and 387-3, the judge may ask the legal administrator for an inventory of the minor’s assets to be sent to him or her, as well as an updated inventory each year. A copy of the inventory is given to the minor who has reached the age of sixteen.
On the occasion of the control referred to in the preceding article, the judge may ask the legal administrator to submit to the director of the judicial registry services of the judicial court an annual management account, accompanied by supporting documents, with a view to its verification. Where accounts have been requested, the legal administrator must submit to the director of the judicial registry services, at the end of his…
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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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