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Article 412 of the French Civil Code

All guardianship bodies are liable for damage resulting from any fault they commit in the performance of their duties. Where the fault causing the damage was committed in the organisation and operation of guardianship by the guardianship judge, the director of the judicial registry services of the judicial court or the registrar, the liability action is directed against the State, which has a recourse action. .

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Article 413 of the French Civil Code

Liability actions are barred after five years from the date on which the person concerned comes of age, even if the management would have continued beyond that date, or from the end of the measure if it ceases before then.

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Article 413-2 of the French Civil Code

A minor, even an unmarried one, may be emancipated when he or she reaches the age of sixteen. After hearing the minor, this emancipation will be pronounced, if there are just grounds, by the guardianship judge, at the request of the father and mother or one of them. Where the application is made by only one of the parents, the judge will decide, after hearing the other, unless the latter…

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Article 413-4 of the French Civil Code

Where, in the case of the preceding article, no diligence having been taken by the tutor, a member of the family council considers that the minor is capable of being emancipated, he may request the guardianship judge to convene the council to deliberate on the matter. The minor himself may request that the council be convened.

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Article 413-7 of the French Civil Code

An emancipated minor ceases to be under the authority of his father and mother. The latter are not automatically liable, in their sole capacity as father or mother, for any damage he may cause to others after his emancipation.

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Article 413-8 of the French Civil Code

An emancipated minor may be a trader with the authorisation of the guardianship judge at the time of the emancipation decision and of the president of the judicial court if he makes this request after being emancipated.

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