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Article 458 of the French Civil Code

Subject to the specific provisions laid down by law, the performance of acts whose nature implies strictly personal consent may never give rise to assistance or representation of the protected person. The following are deemed strictly personal: the declaration of birth of a child, its recognition, acts of parental authority relating to the person of a child, the declaration of the choice or change of a child’s name and consent…

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Article 459 of the French Civil Code

Except in the cases provided for in Article 458, the protected person alone takes decisions relating to their person insofar as their condition allows. Where the condition of the protected person does not allow him or her to make an informed personal decision alone, the judge or the family council, if it has been constituted, may provide that he or she will benefit from the assistance of the person responsible…

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Article 459-1 of the French Civil Code

The application of this sub-section may not have the effect of derogating from the specific provisions laid down by the Public Health Code and the Social Action and Family Code providing for the involvement of a legal representative. However, where the measure has been entrusted to a person or service in charge of a health establishment or a social or medico-social establishment under the conditions provided for in the’article 451,…

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Article 459-2 of the French Civil Code

The protected person chooses the place of his residence. He freely maintains personal relations with any third party, whether a relative or not. He/she has the right to be visited and, where appropriate, accommodated by them. In the event of difficulty, the judge or the family council if it has been constituted will rule.

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Article 461 of the French Civil Code

The person under curatorship may not, without the assistance of the curator, sign the agreement by which he or she enters into a civil solidarity pact. No assistance is required during the joint declaration before the civil registrar or the instrumental notary provided for in the first paragraph of Article 515-3. The provisions of the previous paragraph are applicable in the event of an amendment to the agreement. The person…

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Article 462 of the French Civil Code

The person under guardianship is assisted by his or her guardian when signing the agreement by which he or she enters into a civil solidarity pact. No assistance or representation is required during the joint declaration before the civil registrar or the instrumental notary provided for in the first paragraph of Article 515-3. The provisions of the first paragraph of this article apply in the event of modification of the…

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Article 463 of the French Civil Code

At the opening of the measure or, failing that, at a later date, the judge or the family council if it has been constituted shall decide the conditions under which the curator or guardian entrusted with the task of protecting the person shall give an account of the steps he has taken in this regard.

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Article 464 of the French Civil Code

The obligations resulting from acts performed by the protected person less than two years before publicity of the judgment opening the protective measure may be reduced on the sole proof that his inability to defend his interests, as a result of the alteration of his personal faculties, was notorious or known to the co-contractor at the time when the acts were performed. These acts may, under the same conditions, be…

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Article 465 of the French Civil Code

As from the publication of the opening judgment, the irregularity of acts performed by the protected person or by the person entrusted with his protection is sanctioned under the following conditions: 1° If the protected person has performed alone an act that he or she could have performed without the assistance or representation of the person responsible for his or her protection, the act remains subject to the rescission or…

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