Within the limits of the powers conferred on him, the mandatary of the succession represents all the heirs in acts of civil life and in legal proceedings. He exercises his powers even if there is a minor or a protected adult among the heirs. Payment made into the hands of the mandatary of the succession is valid.
The acts referred to in article 813-4 performed by the mandataire successoral within the scope of his mission have no effect on the hereditary option.
At the request of any interested person or the Public Prosecutor, the judge may relieve the estate agent of his mission in the event of a clear breach in the exercise thereof. He will then appoint another estate agent, for a period that he defines.
Each heir may require the mandataire successoral to consult, at any time, the documents relating to the performance of his assignment. Each year and at the end of his assignment, the mandataire successoral shall submit to the judge and to each heir at his request a report on the performance of his assignment.
The judgment appointing the estate agent sets the duration of his assignment and his remuneration. At the request of one of the persons mentioned in the second paragraph of Article 813-1 or Article 814-1, it may extend it for a period it determines. The mission ceases ipso jure by the effect of an indivision agreement between the heirs or by the signing of the deed of partition. It also ceases…
Where the succession has been accepted by at least one heir, either purely and simply or up to the amount of the net assets, the judge who appoints the successoral mandatary pursuant to articles 813-1 and 814-1 may authorise him to carry out all acts of administration of the estate. He may also authorise him, at any time, to carry out acts of disposal necessary for the proper administration of…
In all circumstances, the heir accepting up to the amount of the net assets may ask the judge to appoint any qualified person as mandatary of the succession for the purpose of substituting him in the administration and liquidation of the succession.
No one may be compelled to remain in indivision and partition may always be brought about, unless it has been stayed by judgment or agreement.
The undivided co-owners may enter into agreements relating to the exercise of their undivided rights, in accordance with articles 1873-1 to 1873-18.
Any undivided co-owner may take the measures necessary for the conservation of the undivided property even if they are not of an emergency nature. He may use for this purpose the undivided property funds held by him and he is deemed to have free disposal of them with regard to third parties. In the absence of undivided property funds, he may oblige his co-undividers to make the necessary expenditure with…
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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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