Guardianship is declared vacant if it is impossible to set up guardianship with a family council or to admit the child as a ward of the State. In this case, the guardianship judge refers it to the public authority with jurisdiction over child welfare. The guardianship then has neither a family council nor a subrogated guardian. The guardianship is lifted as soon as the child becomes a ward of the…
The guardianship judge and the public prosecutor exercise general supervision over guardianship within their jurisdiction. The guardians and other guardianship bodies are obliged to comply with their summons and to provide them with any information they require. The judge may issue injunctions against them and impose the civil fine provided for in the Code of Civil Procedure on those who fail to comply.
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. .
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.
A minor is emancipated by right through marriage.
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…
A minor left without father or mother may in the same way be emancipated at the request of the family council.
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.
The account of the administration, where applicable, or of the guardianship is rendered to the emancipated minor under the conditions provided for respectively by articles 387-5 et 514.
An emancipated minor is capable, like an adult, of all acts of civil life. He must nevertheless, in order to marry or give himself up for adoption, observe the same rules as if he were not emancipated.
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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