All organs of the judicial protection measure are liable for damage resulting from any fault they commit in the performance of their duties. However, except in the case of reinforced guardianship, the curator and the subrogated curator are only liable for acts performed with their assistance in the case of fraud or gross negligence.
Where the fault causing the damage was committed in the organisation and operation of the protection measure by the guardianship judge, the director of the judicial registry services of the judicial court or the registrar, the liability action brought by the protected person or person who has been protected or by his heirs is directed against the State, which has a recourse action. Where the fault that caused the damage…
Liability actions are time-barred after five years from the end of the protective measure even if the management would have continued beyond that date. However, where guardianship has ceased by the opening of a guardianship measure, the time limit only runs from the expiry of the latter.
The future protection agent incurs liability for the exercise of his mandate under the conditions provided for in Article 1992. The person authorised pursuant to the provisions of Section 6 of Chapter II of this Title shall be liable to the represented person for the exercise of the authorisation granted to him, under the same conditions.
Any person who is unable to look after his or her own interests by reason of medically diagnosed impairment of either his or her mental faculties or physical faculties such as to prevent the expression of his or her wishes may benefit from a legal protection measure provided for in this chapter. Unless otherwise provided, the measure is intended to protect both the person and his or her property interests….
The protected person’s home and the furniture with which it is furnished, whether a principal or secondary residence, are kept at the protected person’s disposal for as long as possible. The power to administer the property mentioned in the first paragraph only allows for precarious enjoyment agreements which cease, despite any provisions or stipulations to the contrary, as soon as the protected person returns to their home. If it becomes…
The person responsible for the protective measure may not close any accounts or passbooks opened in the name of the protected person before the measure was pronounced. Nor may he or she open another account or passbook with a new institution authorised to receive funds from the public. The guardianship judge or the family council if it has been constituted may, however, authorise him or her to do so if…
Judicial protection measures may only be ordered by the judge in cases of necessity and where the person’s interests cannot be sufficiently provided for by implementing the future protection mandate concluded by the person concerned, by applying the rules of common law on representation, those relating to the respective rights and duties of spouses and the rules of matrimonial property regimes, in particular those provided for in articles 217, 219,…
Judicial protection measures may be initiated for emancipated minors as well as for adults. For unemancipated minors, the application may be lodged and judged during the last year of their minority. However, the judicial protection measure does not take effect until the minor reaches the age of majority.
The application to open the measure may be made to the judge by the person who needs to be protected or, as the case may be, by his or her spouse, the partner with whom he or she has entered into a civil solidarity pact or his or her cohabiting partner, unless life together has ceased between them, or by a relative or ally, a person who has a close…
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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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