Article 466 of the French Civil Code
November 8, 2023
The articles 464 and 465 do not preclude the application of the articles 414-1 and 414-2.
The articles 464 and 465 do not preclude the application of the articles 414-1 and 414-2.
The person under curatorship may not, without the assistance of the curator, perform any act which, in the case of guardianship, would require the authorisation of the judge or the family council. When a written act is concluded, the curator’s assistance is shown by the affixing of his signature alongside that of the protected person. On pain of nullity, any service made on the latter is also made on the…
The capital accruing to the person under curatorship is paid directly into an account opened in his sole name and mentioning his protection regime, with an establishment authorised to receive funds from the public. The person under curatorship may not, without the assistance of the curator enter into a trust contract or make use of his or her capital. This assistance is also required to institute or defend legal proceedings.
The curator may not substitute himself for the person under curatorship to act on his behalf. However, the curator may, if he finds that the person under curatorship is seriously compromising his interests, apply to the judge for authorisation to perform a specific act alone or cause guardianship to be opened. If the curator refuses his assistance with an act for which his assistance is required, the person under curatorship…
The person under curatorship may freely test subject to the provisions of article 901. She may only make gifts with the assistance of the curator. The curator is deemed to be in opposition of interests with the protected person when he is the beneficiary of the donation.
At any time, the judge may, by derogation from article 467, list certain acts that the person under curatorship has the capacity to perform alone or, conversely, add other acts to those for which the curator’s assistance is required.
The judge may also, at any time, order enhanced guardianship. In this case, the curator alone collects the income of the person under curatorship from an account opened in the latter’s name. He pays third parties for expenses himself and deposits the surplus in an account left at the disposal of the person concerned or pays it into his hands. Without prejudice to the provisions of Article 459-2, the judge…
Subject to cases where the law or custom authorises the person under guardianship to act himself, the guardian represents him in all acts of civil life. However, the judge may, in the opening judgment or subsequently, list certain acts that the person under guardianship will have the capacity to do alone or with the assistance of the guardian.
The person under guardianship shall be represented in the acts necessary for the management of his assets under the conditions and in accordance with the procedures laid down in Title XII. .
The person under guardianship is represented in court by the guardian. The latter may act, as plaintiff or defendant, to assert the extra-patrimonial rights of the protected person only with the authorisation or injunction of the judge or the family council if it has been constituted. The judge or the family council may also order the tutor to withdraw from the proceedings or action or to compromise.
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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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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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