On pain of lapsing, the safeguard of justice measure may not exceed one year, renewable once under the conditions set out in the fourth paragraph of Article 442. When the safeguard of justice has been pronounced pursuant to Article 433, the judge may, at any time, order its release if the need for temporary protection ceases. When the safeguard of justice has been opened pursuant to Article 434, it may…
A person who, without being incapable of acting himself, needs, for one of the reasons provided for in Article 425, to be assisted or controlled in a continuous manner in the important acts of civil life may be placed under curatorship. Curatorship is ordered only if it is established that legal protection cannot provide sufficient protection. A person who, for one of the reasons provided for in article 425, must…
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,…
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,…
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.
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…
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…
A curator or tutor is appointed for the protected person under the conditions set out in this paragraph and subject to the powers conferred on the family council if it has been constituted.
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…
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…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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