Call Us + 33 1 84 88 31 00

Article 441 of the French Civil Code

The judge shall determine the duration of the measure, which may not exceed five years. The judge who issues a guardianship measure may, by specially reasoned decision and on the assent of a doctor registered on the list referred to in Article 431 noting that the alteration of the personal faculties of the person concerned described in article 425 clearly does not appear likely to improve according to scientific knowledge,…

Read More »

Article 442 of the French Civil Code

The judge may renew the measure for the same period. However, when the alteration in the personal faculties of the person concerned described in article 425 clearly does not appear likely to improve according to current scientific knowledge, the judge may, by specially reasoned decision and on the advice of a doctor on the list referred to in article 431, renew the measure for a longer period that he determines,…

Read More »

Article 443 of the French Civil Code

The measure terminates, in the absence of renewal, on expiry of the time limit set, in the event of a final discharge judgment or in the event of the death of the person concerned. Without prejudice to articles 3 and 15, the judge may also terminate it when the protected person resides outside national territory, if this distance prevents the monitoring and control of the measure.

Read More »

Article 444 of the French Civil Code

Judgments opening, amending or terminating curatorship or guardianship may not be relied on as against third parties until two months after a mention thereof has been made in the margin of the protected person’s birth certificate in accordance with the procedures laid down by the Code of Civil Procedure. However, even in the absence of such a mention, they may be relied on as against third parties who have personal…

Read More »

Article 445 of the French Civil Code

Curatorial and tutelary charges are subject to the conditions laid down for tutelary charges for minors by articles 395 to 397. However, the powers devolved by article 397 to the family council are exercised by the judge in the absence of the constitution of that body. Members of the medical and pharmacy professions, as well as medical auxiliaries, may not exercise a curatorial or tutelary office in respect of their…

Read More »

Article 447 of the French Civil Code

The curator or tutor is appointed by the judge. The judge may, in consideration of the situation of the protected person, the abilities of the persons concerned and the size of the assets to be administered, appoint several curators or several tutors to jointly exercise the protective measure. Each curator or tutor is deemed, with regard to third parties, to have received from the others the power to carry out…

Read More »

Article 448 of the French Civil Code

The designation by a person of one or more persons to perform the duties of curator or guardian in the event that he or she is placed under curatorship or guardianship is binding on the judge, unless the designated person refuses the assignment or is unable to perform it or if the interests of the protected person require that he or she be removed. In the event of difficulty, the…

Read More »

Article 449 of the French Civil Code

Failing an appointment made pursuant to Article 448, the judge shall appoint, as curator or guardian, the spouse of the protected person, 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 some other cause prevents him or her from being entrusted with the measure. Failing an appointment made pursuant to the…

Read More »

Article 450 of the French Civil Code

When no family member or close relative can take on the guardianship or tutorship, the judge shall appoint a judicial representative for the protection of adults from the list provided for in article L. 471-2 du code de l’action sociale et des familles. This representative may not refuse to carry out any urgent acts required by the interests of the protected person, in particular protective acts essential to the preservation…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

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.

Useful links

You have a question in French Business Law?

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.