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…
The application must be accompanied, on pain of inadmissibility, by a detailed certificate drawn up by a doctor chosen from a list drawn up by the public prosecutor. This doctor may seek the opinion of the doctor treating the person who should be protected. The cost of this certificate is set by decree in the Conseil d’Etat. When a matter is referred to the public prosecutor by a person other…
The judge rules, the person being heard or called. The person concerned may be accompanied by a lawyer or, subject to the judge’s agreement, by any other person of his or her choice. The judge may, however, by specially reasoned decision and on the advice of a doctor on the list referred to in article 431, decide that there is no need to proceed with the hearing of the person…
The judge may place under court protection a person who, for one of the reasons set out in Article 425, needs temporary legal protection or representation to perform certain specified acts. This measure may also be ordered by the judge, in proceedings for curatorship or guardianship, for the duration of the proceedings. As an exception to Article 432, the judge may, in an emergency, rule without having heard the person….
Safeguard of justice may also result from a declaration made to the public prosecutor under the conditions set out in the article L. 3211-6 du code de la santé publique.
The person placed under court protection retains the exercise of his or her rights. However, he or she may not, on pain of nullity, perform any act for which a substitute decision-maker has been appointed pursuant to Article 437. The acts he has performed and the commitments he has entered into during the period of the measure may be rescinded for simple injury or reduced in the event of excess…
The mandate by which the protected person has entrusted another person with the administration of his property continues to have effect during the safeguard of justice unless it is revoked or suspended by the guardianship judge, the mandatary being heard or called. In the absence of a mandate, the rules of business management apply. Those who are entitled to request the opening of a curatorship or guardianship are obliged to…
If there is reason to act outside the cases defined in Article 436, any interested party may give notice to the judge. The judge may appoint a special representative, under the conditions and in accordance with the procedures set out in articles 445 and 448 to 451, for the purpose of carrying out one or more specific acts, even of disposal, made necessary by the management of the protected person’s…
The mandataire spécial may also be entrusted with a mission to protect the person in compliance with articles 457-1 to 463.
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.
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
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
Resources
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
Useful links
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.
