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Last update: 12-07-2023

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The Vulnerable in France

1

Is your country party to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, which was concluded on 19 October 1996? If so, at what date did it enter into force?

France authorised ratification of the Hague Convention by Law n°2007-1161 of 1st August 2007 and it entered into force on 1st February 2011.

1.1 Which law applies to questions of custody and legal representation of a minor? What criteria are used to determine the applicable law?

By virtue of the Hague Convention of 19th October 1996, the applicable law is in principle the law of the child’s habitual residence (and this criterion is also used when the Hague Convention is not applicable). The classical criteria (length of residence, ties with the country of residence, intention to settle over the long-term, etc.) are used to assess whether residence is habitual. However, judicial measures of protection are governed by the law of the forum state.

1.2 Which authority has international and territorial jurisdiction concerning questions of custody?

Either EU regulation n° 2201/2003, also known as Brussels II bis, or the Hague Convention of 19th October 1996 applies to questions of jurisdiction. The jurisdiction rules under these two instruments are extremely similar.

As to parental authority, under Regulation Brussels II bis, the court of the state of the child’s habitual residence has jurisdiction at the time the court is seized (Art. 8).

As regards the Hague Convention, article 61 of Regulation Brussels II bis provides that the European Regulation shall prevail over the Convention, if the minor in question has his or her habitual residence on the territory of a member state.

To the extent that Regulation Brussels II bis is not applicable, international jurisdiction is governed by the Hague Convention of 19 October 1996 on the international protection of children, according to which the child’s habitual residence determines the jurisdiction of the contracting state which has international jurisdiction (Art. 5). This same jurisdiction criterion is used when neither Regulation Brussels II bis, nor the Hague Convention, applies.

1.3 Which authority has international and territorial jurisdiction concerning questions of representation?

French law does not distinguish between parental authority and representation in respect of jurisdiction, applicable law, or recognition of a decision. For this reason, the above-mentioned provisions also apply to these matters.

Thus, by application of Regulation Brussels II bis, in matters of parental authority, the courts of the state of the child’s habitual residence have jurisdiction at the time the court is seized (art. 8).

2

Up to what age is a person considered to be a minor? Are there different levels of legal capacity for minors (e.g. limited legal capacity)?

According to article 388 of the Civil Code, a minor is an individual who has not yet completed eighteen years of age.

The minor is not legally capable. He or she has a complete incapacity to exercise his or her own rights. He/she enjoys these rights, but is unable to exercise them. For this reason, the French legislator has set up a system of representation of minors, in principle by his/her parents, provided they have parental authority. Any transactions so performed are considered valid, provided the legal representative (or legal representatives) acts within the scope of his/her legal mandate. This means that in principle all administrative transactions or transactions of disposal, entered into by a minor, are not valid.

However, the principle of a minor’s lack of legal capacity is not absolute and varies with age and circumstances. Many provisions refer to a child’s “discernment” to the extent that, at a given age, he/she is generally able to take decisions that concern himself/herself, alone.

Thus, minors can carry out everyday transactions (Civil Code, art. 388-1-1). The Civil Code refers to cases in which minors are usually allowed to transact alone (eg : purchase of small items).

A minor who has completed sixteen years of age can also be authorised, by his or her statutory administrator(s), to carry out alone necessary administrative transactions for a sole proprietorship company with limited liability or a single-member company. However, transactions of disposal can only be carried out by his or her statutory administrator(s) (French Civil Code, Art. 388-1-2).

A sixteen-year-old minor can also dispose of his/her property by will, but only as to half of the property that an adult is allowed to dispose of by law (Civil Code, art. 904, al. 1er).

A child of sixteen years and older who has been emancipated, however, does enjoy full legal capacity (Civil Code, art. 413-6). As soon as the judge accepts emancipation, the child becomes legally capable and responsible for all its transactions and stops being subject to its parents’ authority. An emancipated minor can even trade with the judge’s consent (Civil Code, art. 413-8).

2.1 Is it possible for the legal capacity of a minor to be extended in some cases (e.g. right to get married, right to make last will)?

2.1.1 Is a decision required to extend the legal capacity? If so, who is competent to decide on the extension of the legal capacity?

2.1.2 List the transactions that the minor may enter into alone (e.g. the right to make a last will) with reference whether approval of some other person or authority is necessary for such transactions.

Beside the cases referred to in 2, a minor can carry out alone a number of transactions or processes. For instance, a minor can make a declaration of nationality as of sixteen years of age.

Likewise, a number of transactions that, by nature, involve strictly personal consent can be performed by a minor alone : recognising or declaring his/her child, exercising parental authority (underage parent), declaring or changing a child’s name, consenting to his/her own adoption or that of his/her child or giving birth anonymously (Civil Code, art. 458), or more generally, starting any action related to his/her child’s parentage (still in the case of underage parents). He/she can also request measures of educational assistance alone (Civil Code, art. 375) or request that objections to his/her marriage be lifted (Civil Code, art. 177).

The capacity of minors is also extended in the area of health : he/she has the right to receive medical treatments or interventions necessary to safeguard his/her health or to request confidentiality towards his/her parents (Code on public health, art. L. 1111-5). Likewise, parental consent is not needed for contraceptives to be prescribed (Code on public health, art. L. 5134-1). A minor does not need parental consent for an abortion, as long as she is accompanied by an adult of her choice (Code on public health, art. L 2212-7).

Furthermore, a minor capable of discernment can request alone to be heard by the judge in any proceedings relating to him/her (Civil Code, art. 388-1).

3

Who has the general right of custody of a minor?

The law of 4 March 2002 on parental authority has eliminated any reference to “custody”, even though this can be defined as the right and obligation to protect an underage child under one’s protection by establishing its residence and by caring for its health and safety.

As the notion of ”custody” has been deleted from the applicable texts, the explanations below concern the rights and obligations connected to the exercise of parental authority.

Parentage gives rise to the entitlement to parental authority.

The principle is that once parentage has been established, both parents exercise parental authority (Civil Code, art. 371-1 and Civil Code, art. 372), whether they are married or not.

If parentage is only established as to one parent, that parent exercises parental authority.

The principle of joint exercise of parental authority continues to apply, even if the parents separate.

3.1 What is the scope of the right of custody?

Parental authority is defined as a set of rights and obligations aimed at safeguarding the interests of the child and at protecting its safety, health and morality, at ensuring its education and allowing for its development, with all due respect for the child as a person.

3.2 Who will appoint the custodian(s), if either one or both parents/custodians are not able to act anymore (e.g. in case of death or loss of legal capacity)?

The right to parental authority is an issue of public policy. Consequently, no convention can derogate from it. That means that any waiver or transfer of parental authority can only be effected through a court judgment, in the cases of delegation of parental authority provided for by the law (Civil Code, art. 376).

Consequently, only a judge can amend the arrangements as to the exercise, or the prerogatives, of parental authority of parents.

However, these decisions vary depending on the circumstances of parental failure (death of the parents justifying guardianship being set up, violence against the child justifying withdrawal of parental authority and guardianship being set up, decision to withdraw parental authority partially or totally, etc.).

3.2.1 On who’s proposal and when the decision on appointment of custody is made?

The judge can hear a request from one of the parents or the public ministry, which can itself hear a request from a third party, parent or other (Civil Code, art. 373-2-8).

3.2.2 Is the competent authority free in its choice of a new custodian?

If parental authority is exercised jointly, and if one of the parents dies or is no longer able to express his/her will, parental authority is in principle exercised by the other parent alone.

If parental authority is exercised by one parent alone, and if that parent dies or is deprived of his/her parental authority, the other parent also exercises parental authority alone (Civil Code, art. 373-1).

This transfer happens automatically, even if the parents are separated, and even if the parent who remains able to exercise parental authority has been deprived of the exercise of some of his/her rights by way of a judgment against him/her (Civil Code, art. 373-3).

However, this transfer is not automatic when :

The judge who determines the arrangements for the exercise of parental authority following the parents’ separation decides, while the parents are alive, that in case of the death of the parent exercising parental authority, the child will not be entrusted to the surviving parent, but to a third party ;
the court, which determines withdrawal of parental authority, decides to entrust the child to a third party.

As regards the decision to entrust the child to a third party, the judge is free in his/her choice, but has to give priority to a third party having a family relationship with the child (Civil Code, art. 373-3).

If the child’s parents are both dead, or deprived of their right to exercise parental authority, guardianship is automatically set up. The main bodies in charge of the guardianship of minors are the family council, the guardian and the auxiliary guardian who are under the supervision of the judge of guardianships and the public prosecutor. The guardian has thus the double obligation to care for the minor and to manage his/her property.

3.2.3 Can the right of custody belong to several persons? Is it possible to have different custodians for different areas (care of property/care of the child itself)?

In principle, only one person is appointed.

However, there are exceptions, such as when setting up guardianship. Depending on the minor’s situation, the skills of the parties involved, and the size of the assets, several guardians may be appointed to jointly implement the protective measure. Vis-a-vis third parties, each guardian is deemed to be able to act alone as regards transactions for which a guardian requires no consent (Civil Code, art. 405).

3.3 How and by whom will the right of custody be determined if the parents are arguing about it? Is there a difference between married and unmarried couples?

The judge has sole jurisdiction in cases of conflict and no distinction is made between married or unmarried couples.

3.4 May the right of custody be transferred to another person by means of a power of attorney?

As mentioned above, parental authority is an issue of public policy and parents are not allowed to waive it or transfer it. Hence, it is not possible to delegate parental authority by conventional power-of-attorney.

However, parental authority can be delegated by judicial action (Civil Code, art. 377). This happens when a family court judge transfers parental authority, totally or partially depending on the case, to a person other than the parents. The person to whom parental authority is transferred can be a third party, a family member, a trusted close person, an institution approved to care for children or a departmental service of the social child welfare services.

Article 377 of the Civil Code provides for two cases of delegation :

voluntary delegation, initiated by the parents who can take this before the judge, either jointly or separately ;
forced delegation, initiated by a third party.

The law of 4th March 2002 has also introduced shared delegation (Civil Code, art. 377-1). A delegation judgment can provide that in respect of the child’s educational needs, the parents, or one of them, has to share all or part of their exercise of parental authority with a third party. This sharing requires the consent of the parent(s) who exercise(s) parental authority.

4

Who has the general right of legal representation of a minor?

The right to represent the child is one of the attributes of parental authority.

Consequently, both parents exercising parental authority jointly, together represent the minor. If one of the parents exercises parental authority alone, he/she represents the child alone.

The same applies if the minor is subject to a guardianship measure. The guardian appointed by the family council represents the minor in all transactions of civil life.

4.1 Who will appoint the legal representatives, if either one or all parents/other persons) are not able to act anymore (e.g. in case of death or loss of legal capacity)?

4.1.1 On who’s proposal and when the decision on appointment of a legal representative is made?

4.1.2 Is the competent authority free in its choice of a new legal representative

4.1.3 Can the right of legal representation belong to several persons? Is it possible to have different representatives for different areas?

As indicated above, the right to represent a minor is one of the attributes of parental authority. The answers provided under 3.2 thus also apply here.

4.2 Are there any restrictions / extensions for the legal representative(s)?

Yes, French law provides for a number of exceptions.

4.2.1 Are there some areas in which the legal representative is not competent to act (e.g. drafting of a last will, entering into marriage)?

Article 387-2 of the French Civil Code lists a series of acts that the legal representative cannot carry out, even with the authorisation of the family court judge. Therefore, he or she cannot:

– Dispose of the minor’s assets or rights free of charge;

– Acquire from a third party a right or a claim against the minor;

– Engage in trade or practise a profession on behalf of the minor;

– Transfer the minor’s assets or rights to a trust estate.

Other transactions don’t require the legal representative’s consent (see replies to question 2.1).

4.2.2 Is there a connection between the right of custody and the representation rights (e.g. power of representation exists only in the areas of custody)? Would it be possible for both parents to have custody but for only one to have the right of representation in transactions with some property of a minor?

If parental authority is exercised jointly, the minor is represented by both his/her parents, whether they are separated or not.

With respect to the child’s assets, when the right of administration is exercised jointly by both parents, each parent is considered, with regard to third parties, to have been given the power from the other parent to carry out administrative acts alone (French Civil Code, Art. 382-1).

4.2.3 Is it required that all legal representatives conclude transactions on behalf of the minor jointly (e.g. both parents) or may the transaction be concluded by one legal representative of the minor alone (e.g. one parent)?

4.2.3.1 Name the legal transactions (e.g. waiver of succession) the legal representative may perform on behalf of the minor if he/she is acting alone (e.g. one parent).
4.2.3.2 Name the legal transactions (e.g. waiver of succession) into which the legal representatives may enter on behalf of the minor only jointly (e.g. both parents).
4.2.3.3 Would there be any difference on the requirement of joint representation in case the parents have never been married?

In the case of joint exercise of parental authority, each parent can alone perform the usual transactions of parental authority such as taking day-to-day decisions, habitual transactions or transactions that don’t bind the child’s future or which don’t affect his/her physical integrity.

Each parent who performs such usual transactions, concerning the person of the child, is deemed to act, vis-a-vis bona fide third parties, with the consent of the other parent (Civil Code, art. 372-2). This is a simple presumption.

All unusual transactions require the consent of both parents. In the absence of consent, either parent can take the matter before the family court judge for the judge to decide upon.

4.2.4 Other restrictions for legal representatives:

4.2.4.1 Is it necessary that the transaction to be approved also by some other person or authority (e.g. parent, court or local government)? What are the formal requirements on the form of the approval?

4.2.4.2 Name the transactions that persons legally representing the minor may enter into only with the consent of a court or some other authority or person appointed by law.

4.2.4.3 In case of a mandatory approval of the transaction by another person (e.g. the other parent) or authority (e.g. court) is there any difference whether the approval is given before or after the transaction? What are the legal consequences for the transaction if the approval required by law is denied?

4.2.4.4 Are there certain cases in which the legal representatives shall not act (e.g. contract on behalf of the minor concluded with parent or family member)?

The replies provided here concern the management of a minor’s property and transactions that commit his/her property.

The regulations on the right of administration of assets belonging to minors were thoroughly reformed by Order No. 2015-1288 of 15 October 2015. There are now unified regulations on the right of administration, which do not draw a distinction between parental authority that is exercised jointly and that which is exercised unilaterally.

Administrative acts and protective measures. The statutory administrator may, in principle, carry out all administrative acts that are considered as such by Decree No. 2008-1484 of 22 December 2008 (French Civil Code, Art. 382-1 and Art. 496) alone, as well as protective measures.

When the right of administration is exercised jointly by both parents, each parent is considered, with regard to third parties, to have been given the power from the other parent to carry out administrative acts concerning the minor’s assets alone.

Acts of disposal. With regard to acts of disposal, the statutory administrator has the power to carry them out without requesting authorisation from the family court judge, with the exclusion of acts exhaustively listed in the French Civil Code (Art. 387-1 and Art. 387-3).

It is therefore necessary for the legal representative to obtain prior authorisation from the family court judge (who gives his or her decision in the form of a ruling) in order to carry out the following disposals:

Selling real estate or a business belonging to the minor via a private sale;
Contributing his or her capital to the real estate or a business belonging to the minor;
Taking out a loan on the behalf of the minor;
Waiving the minor’s entitlement to a right, or making concessions or compromises on his or her behalf;
Accepting purely and simply the estate given to the minor;
Purchasing the minor’s assets, or leasing them out; for the act to be completed, the statutory administrator is deemed to be in opposition to the interests of the minor;
Creating a security right free of charge on behalf of the minor to secure the debt of a third party;
Proceeding with an act that relates to securities or financial instruments within the meaning of Article L. 211-1 of the French Monetary and Financial Code if said act causes a major change to the content of the minor’s assets, a significant depreciation of its capital value, or a lasting alteration of the minor’s prerogatives, either currently or in the future.

Authorisation determines the conditions of the act, and if applicable, the price or the opening price at which the transaction is carried out.

The act cannot be carried out if the judge does not give his or her authorisation.

Finally, as indicated in Point 4.2.1, Article 387-2 of the French Civil Code lists a series of acts that the legal representative cannot carry out, even with the authorisation of the family court judge.

4.3 Are there any other restrictions related to the rights of a minor (e.g. the right of succession) for the persons who have the right of custody or the right of legal representation of a minor in addition to the restrictions specified above?

The testator or donor may decide that the transferred property shall not be administered by the legal administrator. Article 384 of the French Civil Code provides that property gifted or bequeathed to a minor on condition that it be administered by a third party, is not subject to legal administration.

4.4 May the right of representation be transferred to another person by means of a power of attorney?

No, under French law it is not possible to derogate from the rules on parental authority as they are an issue of public policy, except by judicial decision.

5

How can the custodian / representative prove his/her right?

5.1 Does the law provide some kind of document, that gives evidence of the right of custody and/or representation?

In principle, the family record book or any other document evidencing parentage of both parents is sufficient.In case of guardianship of a minor, the guardian appointed by the family council can produce a copy of the document evidencing his/her appointment.

5.2 Is there any other kind of document, that proves the right of custody and/or representation?

No, there are no other documents.

6

According to the national law, who is responsible for giving consent/permission/authorisation for a minor child to travel abroad, in the event both parents are not travelling with the child (e.g. one parent, both parents, the guardian, institution, please specify)?

In French law, the authorisation for a minor to leave the country (l’autorisation de sortie du territoire, “AST”) accompanied by a person who has parental authority was reinstated as of 15 January 2017 (see Decree No. 2016-1483 of 2 November 2016 concerning minors’ authorisation to leave the country unaccompanied by a person who has parental authority).

This scheme is applicable to all minors who habitually reside in France. It also applies to any trips, whether individual or in groups (e.g., school trips, holidays, foreign language exchanges, etc.), involving the minor leaving France without a person who has parental authority.

When the judge has ordered a ban on the child leaving France without the authorisation of both parents, this document must be issued by both parents (French Civil Code, Art. 373-2-6).

6.1 What are the requirements for the formal validity of such a consent/permission/authorisation?

Authorisation to leave the country, which is given by a person who has parental authority, is written on a form which specifies the following details:

The first name(s), last name and the date and place of birth of the child who is authorised the leave the country;
The first name(s), last name and the date and place of birth of the person who has parental authority, the capacity of the person exercising this authority, his or her domicile and signature, as well as, if necessary, his or her telephone numbers and email address;
The authorisation period, which may not exceed 1 year from the date the form is signed.

It is not necessary to go to city hall (la mairie) or the local prefecture (la préfecture) in order to obtain this document.

Once it is completed and signed, the form must be accompanied with a legible photocopy of an official document that proves the identity of the signatory and includes the following details about this individual:

first name(s) and last name;
date and place of birth;
photograph;
signature;
the dates upon which the document was issued and certified as well as the issuing authority.

This proof of identity may take the form of:

a national identity card or passport, for people with parental authority who are of French nationality;
a national identity card, passport, or a permit authorising the person’s stay in France, for people with parental authority who are European citizens, Swiss citizens, or citizens of a country within the European Economic Area (EEA);
a passport, a permit authorising the person’s stay in France, or a travel and identity document for a refugee or stateless person, for non-Europeans with parental authority.

These documents must be valid (except for the national identity card and the French passport, which must be presented either within the period of validity or within 5 years of its date of expiration).

At some point in life, it may be useful to get someone to help you with certain (administrative) tasks, such as making a payment or deciding on a purchase. It is also possible to leave these tasks entirely to someone else, due to illness or mental health problems. As soon as you are no longer able to look after your own interests fully, someone else can do it for you, so that, for example, you do not run the risk of missing payment deadlines.

This section contains information on the different types of protection that exist and explains how to anticipate possible future incapacity. The section is divided into several parts and by clicking on the subject of your choice, the relevant information is displayed.

Part 1

Protective measures for adults with loss of capacity

Part 2

Possibilities to anticipate future loss of capacity

1. Protective measures for adults with diminished capacity

Part 1: Protective measures for adults with loss of capacity

The legal protection of vulnerable adults, as defined by the law of 5 March 2007 reforming the legal protection of adults and the order of 15 October 2015, is based on several mechanisms:

Judicial protection, which is a temporary measure and the least severe. It is intended for adults who need temporary legal protection or representation for the performance of certain acts (Civ. Code, art. 433, para. 1). This measure, which may not exceed one year, is renewable once (Civ. Code, art. 439, para. 1).

Curatorship. An adult placed under curatorship, although not unable to act him/herself, needs to be assisted or monitored continuously in the important acts of civil life. Unlike guardianship, curatorship is therefore not a general protective measure.

Guardianship. This is intended for adults who, because of their incapacity to act on their own, need to be represented continuously in the acts of civil life (Civ. Code, art. 440, para. 3, art. 473, para. 1, and art. 474).

Family mandate. This is a judicial mandate for the family, as an alternative to judicial protection measures, which grants a power of representation or assistance to a relative (ascendant, descendant, brother or sister, spouse, civil union or cohabiting partner) for the performance of certain property or personal acts for the benefit of an adult who is unable to look after his or her own interests due to an alteration in his or her faculties.

Lasting power of attorney (mandat de protection future). This is a conventional protective measure that allows adults to anticipate the day when illness or age will prevent them from looking after their own interests, and to organise their own protection and even that of their disabled children.

Click for more information

United Nations Convention on the Rights of Persons with Disabilities dated 13 December 2006.

The global shift towards a new understanding of the problems

of people with physical or mental disabilities, or with other limitations

affecting their legal capacity, has resulted in the New York Convention on the Rights of Persons with Disabilities, adopted by the United Nations on 13 December 2006 (ratified by France on 18 February 2010). The principles guiding the Convention are the enhancement of the rights of persons with disabilities, their dignity and autonomy, including the freedom to make their own choices.

Competent authority to appoint an official guardian/curator.

Judicial protection, curatorship, guardianship and family mandate are all pronounced by the protection judge acting as a guardianship judge.

The territorial jurisdiction of the guardianship judge is that of the usual place of residence of the person being protected or in need of protection or of the guardian's domicile (Code of Civil Procedure (CPC), art. 1211).

Several guardians/curators can be appointed to deal with different areas of life (custody, administration of property).

In principle, one curator, guardian or authorised person is appointed.

However, French law allows for the possibility of appointing more than one curator, guardian or authorised person. The judge's decision is then taken in the light of the situation of the vulnerable adult, the abilities of the protection bodies and the size of the capital.

This option of appointing a number of curators, guardians or authorised

persons makes it possible to involve several family members in the protective measure. This is particularly the case for the parents of a disabled child who are no longer obliged to choose between them who is to

act as curator, guardian or authorised person when the child reaches the age of majority.

It is also possible for the guardianship judge to divide the protective

measure between a curator, guardian or authorised person responsible for the protection of the person and a curator, guardian or authorised person responsible for the management of the assets.

The judge may also decide to organise the guardianship with a family council if the needs of the protection of the person or the nature of his or her assets justify this and if the composition of his or her family and friends allows it. This council is composed of at least four members chosen from among the adult's friends, blood relatives or close associates. The guardian is one of these. In practice, a very small minority of guardianship measures

are organised with a family council.

Restrictions imposed on the curator/guardian and control exercised by the courts or another authority over certain legal acts.

The powers of the curator, guardian and authorised person vary for property acts, depending on whether they are described as acts of

administration or acts of disposal. In some cases, they require the preliminary authorisation of the judge; in others, they are prohibited (Civ. Code, art. 509).

The division between acts of administration and acts of disposal is set out in Decree No 2008-1484 of 22 December 2008.

To summarise, the powers of the curator, the guardian and the authorised person are as follows:

Curatorship. A person in curatorship may not, without the assistance of the curator, perform acts of disposal (Civ. Code, art. 467, para.1).

On the other hand, a person under curatorship may carry out alone the acts of protection and administration relating to their assets. (Civ. Code, art. 503, 504).

Guardianship. The guardian represents the protected person in the acts necessary for the management of his/her assets by taking prudent, diligent and informed care in the sole interest of the adult (Civ. Code, art. 496, para.1 and 2).

The guardian alone carries out the acts of protection and administration necessary for the management of the protected person's assets (Civ. Code, art. 504, para. 1).

Acts of disposal carried out by the guardian on behalf of the

protected person require the authorisation of the family council or, failing that, the judge (Civ. Code, art. 505, para.1).

Family mandate. The person authorised by the judge has the power to represent or provide support to the protected person for one or more acts relating to his/her assets or person ("special mandate") or for all property and non-proprietary acts ("general mandate").

In the context of inheritance proceedings.

Acceptance of the inheritance.

Curatorship. A person under curatorship must be assisted by the curator to accept an inheritance outright.

They may accept an estate alone up to the amount of the net

assets.

Guardianship. The guardian may only accept an inheritance that has been received by the protected person up to the amount of the net assets. However, he/she may also accept it outright if the assets clearly

exceed the liabilities, after obtaining a certificate from the civil law notary responsible for settling the estate or, failing that, after authorisation from the family council or the judge.

Family mandate. If the judge has issued a family mandate covering all property-related acts ("general mandate"), the person authorised may either represent or provide support to the vulnerable person in accepting the inheritance, either outright or up to the amount of the net assets.

Withdrawal of inheritance before/after death.

Withdrawal of an unclaimed estate is prohibited in accordance with the principle of the prohibition of agreements on future inheritance.

With regard to disclaiming after the opening of the inheritance:

Curatorship. A person under curatorship must be assisted by the curator to disclaim an inheritance.

Guardianship. The guardian may not disclaim an inheritance that has come to the protected person without the authorisation of the family council or, failing that, the judge.

Sharing the estate between heirs.

Sharing constitutes an act of disposal in accordance with the decree of 22 December 2008.

Curatorship. A person under curatorship must be assisted by the curator

to sign the deed of sharing.

Guardianship. The guardian may represent the protected person with regard to the deed of sharing without the authorisation of the family council or, failing that, the judge. Preliminary authorisation is only required in the event of a conflict of interests between the guardian and the protected person.

In all cases, however, the liquidation statement remains subject to approval by the family council or the judge.

Family mandate. If the judge has issued a family mandate covering all property-related acts ("general mandate"), the person authorised may either represent or provide support to the vulnerable person with the deed of sharing. It is not required to submit the liquidation statement for the approval of the judge.

Withdrawal of the right to the reserved portion.

In French law, there is no withdrawal of the hereditary reserve. On the other hand, it is possible to waive the right to reduce excessive gifts in advance.

Curatorship. An adult under curatorship may waive his/her right with the assistance of the curator.

Guardianship. An adult under guardianship or his or her guardian may not waive (this act is in fact part of the list of acts prohibited to the guardian even with prior authorisation from the judge): Civ. Code, art. 509, 1°).

Family mandate. The person authorised to represent the protected adult cannot renounce this right, as this is prohibited under Article 509, 1° of the Civil Code (Civ. 1st, opinion, 20 October 2022). However, it is assumed that an adult protected by a family authorisation measure with assistance may renounce this right with the assistance of the authorised person.

Recognition of a creditor's claim.

It all depends on the legal definition of the act. If it is an act of administration: see the introduction to d).

If it is an act of disposal: see the introduction to d).

In the context of movable/immovable property management.

Sale/conveyance of real estate.

Curatorship. A person under curatorship must be assisted by the curator to sign a deed of sale.

Guardianship. The guardian may represent the protected person with regard to the deed of sale with the preliminary authorisation of the family council or, failing that, the judge. Such authorisation may only be given after an investigation by a technical expert or the opinion of at least two qualified professionals has been obtained.

In all cases, specific provisions apply to the sale of the dwelling (principal residence, secondary residence) of

the protected person (Civ. Code, art. 426).

Mortgage.

Curatorship. A person under curatorship must be assisted by the curator.

Guardianship. The guardian may represent the protected person in this regard with the preliminary authorisation of the family council or, failing that, the judge.

Family mandate. If the judge has issued a family mandate covering all property-related acts ("general mandate"), the person authorised

may either represent or provide support to the vulnerable person.

Act concerning a community of property.

If it is an act of disposal:

Curatorship. A person under curatorship must be assisted by the curator.

Guardianship. The guardian may represent the protected person in this regard with the preliminary authorisation of the family council or, failing that, the judge.

Family mandate. If the judge has issued a family mandate covering all property-related acts ("general mandate"), the person authorised

may either represent or provide support to the vulnerable person.

Sale/conveyance of company.

Curatorship. A person under curatorship must be assisted by the curator to sign the deed.

Guardianship. The guardian may represent the protected person with regard to the deed of sale with the preliminary authorisation of the family council or, failing that, the judge.

Personal guarantee.

If it is an act of disposal:

Curatorship. A person under curatorship must be assisted by the curator.

Guardianship. The guardian represents the protected person in this regard with the preliminary authorisation of the family council or, failing that, the judge.

In the context of other situations.

The powers of the curator, guardian and authorised person vary for property acts, depending on whether they are described as acts of administration or acts of disposal. In some cases, they require the preliminary authorisation of the judge; in others, they are prohibited (Civ. Code, art. 509).

The division between acts of administration and acts of disposal is set out in Decree No 2008-1484 of 22 December 2008.

To summarise, the powers of the curator, the guardian and the authorised person are as follows:

Curatorship. A person in curatorship may not, without the assistance of the curator, perform acts of disposal (Civ. Code, art. 467, para.1).

On the other hand, a person under curatorship may carry out alone the acts of protection and administration relating to their assets. (Civ. Code, art. 503, 504).

Guardianship. The guardian represents the protected person in the acts necessary for the management of their assets by taking prudent, diligent and informed care in the sole interest of the adult (Civ. Code, art. 496, para.1 and 2).

The guardian alone carries out the acts of protection and administration necessary for the management of the protected person's assets (Civ. Code, art. 504, para. 1.

Acts of disposal carried out by the guardian on behalf of the protected person require the authorisation of the family council or, failing that, the judge (Civ. Code, art. 505, para.1).

Family mandate. The person authorised by the judge has the power to represent or provide support to the protected person for one or more acts relating to their assets or person ("special mandate") or for all property and extra property acts ("general mandate").

Recognition of decisions/acts on protective measures issued by the authorities of other Member States.

If the measure originates from a State applying the Hague Convention of 13 January 2000 (the list of which is evolving: v. https://www.hcch.net/fr/instruments/conventions/status-table/?cid=71 ), the measure will be recognised and implemented as soon as the powers the representative assumes under the mandate are effectively recognised by the applicable law in accordance with Article 15 of the above-mentioned Hague Convention.

If the measure does not originate from a State applying the Convention, there are no specific rules of recognition and implementation under substantive law as currently applicable in France. The principles of civil law will therefore be applied. Thus, if the measure is a judicial measure, it will be recognised and implemented in France if it meets the terms and conditions that all foreign judicial decisions must meet (i.e. it must be issued by a competent authority, not contrary to substantive and procedural international public order and obtained without fraud). There is, for the time being, no specific case law on this issue.

However, in principle, once the measure has been taken in a Member State, it will be recognised in France (automatic recognition of measures relating to the status of the person). However, there are no more specific rules on these issues at the moment.

Guardianship. This is intended for adults who, because of their incapacity to act on their own, need to be represented continuously in the acts of civil life (Civ. Code, art. 440, para. 3, art. 473, para. 1, and art. 474).

Family mandate. This is a judicial mandate for the family, as an alternative to judicial protection measures, which grants a power of representation or assistance to a relative (ascendant, descendant, brother or sister, spouse, civil union or cohabiting partner) for the performance of certain property or personal acts for the benefit of an adult who is unable to look after his or her own interests due to an alteration in his or her faculties.

Lasting power of attorney (mandat de protection future). This is a conventional protective measure that allows adults to anticipate the day when illness or age will prevent them from looking after their own interests, and to organise their own protection and even that of their disabled children.

2. Possibility to anticipate a future loss of capacity

Part 2: Possibilities to anticipate future loss of capacity

The law of 5 March 2007 reforming the law on protected adults introduced the lasting power of attorney (mandat de protection future) into French law. Alongside the traditional judicial measures (legal protection, curatorship and guardianship) and the family mandate, there is a conventional legal protection measure intended for people whose faculties have been altered in such a way as to prevent them from expressing their will.

This system allows any capable person to designate, for the day when he or she can no longer look after his or her own interests, one or more proxies to represent him or her.

The lasting power of attorney "for others" was also created, which allows the parents of a disabled child to appoint one or more trusted persons to take on the protection of this child on the day when they are no longer able to do so themselves.

French law also offers the possibility for any person to designate in advance one or more persons to act as curator or guardian in the event of their being placed under curatorship or guardianship. Parents of a disabled child also have the option of appointing in advance a curator or guardian for their child in the event that they are no longer able to look after him or her themselves.

The aim is to anticipate solutions for the following situations:

A. The lasting power of attorney enables any capable person to appoint a proxy in the event that they suffer, as a result of an accident, illness or advanced age, an alteration of their faculties that prevents the expression of their will. This makes it possible to be represented for the protection of one's person and property without the need for a court decision.

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a) Measures covered by the lasting power of attorney (administration of property, custody rights, other).

The lasting power of attorney is intended for the protection of the person and his/her property interests, if not otherwise provided for.

The mandate may therefore be expressly limited to one of these two tasks only.

The principal may freely choose to have the mandate cover all of his/her assets or some of them, which must be specifically designated (e.g. a property, a company, etc.).

If there is more than one proxy, the mandate should specify which assets their powers will cover and whether they will be exercised concurrently or jointly.

b) Persons who may be appointed as proxies.

The proxy may be any natural person or legal entity provided that they are registered on the list of legal representatives for the protection of adults (MJPM) provided for in Article L. 471-2 of the Code of Social Action and Families (art. 480, Civ. Code).

According to Article 480(2) of the Civil Code, the proxy must have civil capacity during the execution of the mandate and fulfil all the terms and conditions required to exercise guardianship or curatorship.

Thus, a proxy may not be:

– an unemancipated minor;

– an adult under a legal protection measure;

– a person subject to a measure withdrawing parental authority;

– a person subject to a ban on civic, civil and family rights;

– a member of the medical and pharmacy professions, or a medical auxiliary with regard to their patients.

c) Control over the proxy.

The task of the proxy differs depending on whether the deed is notarised or drawn up under private signature:

In the case of a private mandate, the proxy may only perform the administrative acts provided for in the mandate. For other acts, in particular disposals, the proxy must obtain the authorisation of the judge.

Each year, the proxy draws up an

account of his/her management. This account is checked in accordance with

the terms of the mandate. The judge may also have it verified.

In the case of a notarised mandate, the proxy may

perform all acts that the guardian has the power to perform alone or with the authorisation of the judge. On the other hand, the proxy must obtain the judge's authorisation for acts of disposal free of charge. Finally, Article 509 of the Civil Code lists the acts that the proxy cannot perform, even with authorisation.

Each year, the proxy draws up an account of his/her management. This account is verified in accordance with the terms of the mandate. The judge may also have it verified.

The proxy must also report annually on his/her management to the civil law notary who drew up the mandate by sending him/her his/her accounts and supporting documents. The civil law notary refers the matter to the judge if he/she finds any movement of substances or any act that is not justified or does not appear to comply with the terms of the mandate.

In all cases, any interested party may refer the matter to the judge for a ruling on the terms and conditions of the execution of the mandate.

d) Possibility of giving sub-protection to third parties.

In principle, the proxy must execute the mandate personally (Civ. Code, art. 482).

However, the proxy may substitute a third party, "solely in a special capacity", for acts relating to the management of the capital. Acts relating to the person are therefore excluded.

The proxy is responsible for the person he/she has replaced in accordance with the ordinary law concerning mandate (Civ. Code, art. 1994).

e) Terms and conditions for a lasting power of attorney to replace the official curatorship as a judicial protection measure.

Article 428 of the Civil Code lays down the principle of subsidiarity of judicial protection measures in relation to the lasting power of attorney. This implies that a judicial protection measure (safeguard of justice, curatorship, guardianship) cannot be ordered by the judge when the person's interests cannot be sufficiently provided for by the implementation of the lasting power of attorney concluded by the person concerned. In other words, the lasting power of attorney is binding on the judge if it provides sufficient protection for the vulnerable adult.

f) Effects of the lasting power of attorney before the onset of incapacity and after death.

The lasting power of attorney does not take immediate effect at the time it is concluded.

It only takes effect when the impairment of faculties preventing the expression of the person's will is medically established. In procedural terms, the power of attorney takes effect when

the proxy appears in person at the court clerk's office and produces the power of attorney and the detailed medical certificate before the clerk.

The power of attorney ends specifically with the death of the protected person or the death of the proxy.

For the record, the lasting power of attorney establishes a system of representation but without entailing the legal incapacity of the vulnerable person.

g) Formal requirements for lasting power of attorney.

The lasting power of attorney can only be concluded in two forms, which also correspond to different fields of property protection:

by notarial deed;

by private deed countersigned by a lawyer or drawn up in accordance with a model defined by decree (Decree No. 2007-1702 of 30 November, as amended by Decree No. 2009-1628 of 23 December 2009).

However, the lasting power of attorney for others concluded by the parents or the remaining living parent is exclusively a notarial act (art. 477, para. 4, Civ. Code).

h) Registration of lasting powers of attorney in the register.

Article 477-1 of the Civil Code resulting from Law no. 2015-1776 of 28 December 2015 provides that "the lasting power of attorney is published by an entry in a special register, the procedures and access to which are regulated by decree in the Council of State". The implementing decree is dated 16 November 2024 and entered into force under ordinary law on 18 November 2024. It establishes, on the one hand, the rules for setting up the ‘register of future protection mandates’, a concept that covers both the form of the register and the identification of its manager, as well as the identification of the purpose of the information recorded in it and the parties responsible for supplying the register with information. The text also governs the conditions of access to the register and lists the persons who may consult the information contained therein.

However, the operation of the register of future protection mandates remains subject to the publication in the Official Journal (pending to date) of an order of the Minister of Justice listing the information necessary to identify the principal, the beneficiary of the mandate (in the case of a future protection mandate for another person) and the agent(s).

i) Situations with a foreign element:

a. Substantive law applicable to lasting power of attorney.

There is currently no general conflict rule that stipulates which law is applicable to the lasting power of attorney.

In principle, it should be the law of the adult's usual place of residence, but as mentioned, there is no clear answer to this question.

b. The Hague Convention of 13 January 2000 on the International Protection of Adults.

For the moment, only the rules of the Hague Convention of 13 January 2000 exist.

As regards the lasting power of attorney, article 15 of the Hague Convention of 13 January 2000, which entered into force in France on 1 January 2009, stipulates that the existence, scope and termination of the mandate are governed by the law of the State of the adult's usual place of residence at the time of the agreement or unilateral act.

However, by way of derogation, an option to choose the applicable law is granted to the adult. Article 15 provides

that the law chosen must be expressly designated in writing. The law of the State of which the adult is a national, the law of a

previous usual place of residence or the law of the State in which the adult's property is located may be chosen in respect of that property.

It should be noted that the manner in which powers of representation are exercised will remain governed by the law of the State where the lasting power of attorney is executed.

As regards the advance directive, the Public Health Code, which governs this power of attorney, does not specify any provision concerning the applicable law. There is therefore no conflict rule expressly provided for.

However, it is conceivable, by analogy with the Hague Convention on the Protection of Adults, that the applicable law

will be the law of the State of the adult's usual place of residence at the time of the agreement or unilateral act, unless another law has been expressly designated.

As regards the power of attorney under civil law, it is covered by the Hague Convention of 14 March 1978 on the law applicable to agency contracts and representation.

c. Terms and conditions for foreign lasting powers of attorney to have effect in your Member State.

If the measure originates from a State applying the Hague Convention of 13 January 2000 (the list of which is evolving: see https://www.hcch.net/fr/instruments/conventions/status-table/?cid=71 ), the measure will be recognised and implemented as soon as the powers the representative assumes under the mandate are effectively recognised by the applicable law in accordance with Article 15 of the above-mentioned Hague Convention.

If the measure does not originate from a State applying the

the Convention, there are no specific rules of recognition and implementation under substantive law as applicable in France. The principles of civil law will therefore be applied. Thus, if the measure is a judicial measure, it will be recognised and implemented in France if it meets the conditions that all foreign judicial decisions must meet (i.e. it must be issued by a competent authority, not contrary to substantive and procedural international

public order and obtained without fraud). There is, for the time being, no specific case law on this issue

B. French law also offers the possibility for any person to designate in advance one or more persons to act as curator or guardian in the event of their being placed under curatorship or guardianship. Parents of a disabled child also have the option of appointing in advance a curator or guardian for their child in the event that they are no longer able to look after him or her themselves (Civ. Code, art. 448).

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a) Binding nature of the motion on the court/authority.

The appointment is binding on the court, unless the person appointed refuses the assignment or is unable to carry it out, or if the interests of the protected person require that the appointee be removed.

b) Possible judicial review.

See point a)

c) Persons who may be appointed as representatives and the possibility of proposing several persons as guardians/curators.

It is possible to appoint several curators or guardians in advance.

In the event of a curatorship or guardianship measure being implemented, the person appointed as curator or guardian must meet the terms and conditions required to exercise those functions set down in Articles 395 to 397 of the Civil Code.

This option of appointing a number of curators or guardians makes it possible to involve several family members in the protective measure.

It is thus possible to appoint in advance a curator or guardian responsible for the protection of the person and a curator or guardian responsible for the management of the capital.

f) Formal requirements for the power of attorney.

This appointment is made either by a declaration before a civil law notary or by a written document in full, dated and signed by the person concerned.

g) Entry of powers of attorney in the register.

The advance appointment of the curator or guardian is not entered in a register.

h) Situations with a foreign element:

Substantive law applicable to powers of attorney to avoid the appointment of a guardian by a judge.

There is currently no general conflict rule that stipulates

which law is applicable to powers of attorney to avoid the appointment of a guardian by a judge. In principle, it should be the law of the adult's usual place of residence, but as mentioned, there is no clear answer to this question.

The Hague Convention of 13 January 2000 on the International Protection of Adults.

For the moment, only the rules of the Hague Convention of 13 January 2000 exist.

As regards the lasting power of attorney, article 15 of the Hague Convention of 13 January 2000, which entered into force in France on 1 January 2009, stipulates that the existence, scope, amendment and termination of the mandate are governed by the law of the State of the adult's usual place of residence at the time of the agreement or unilateral act.

However, by way of derogation, an option to choose the applicable law is granted to the adult. Article 15 provides that the law chosen must be expressly designated in writing. The law of the State of which the adult is a national, the law of a previous usual place of residence or the law of the State in which the adult's property is located may be chosen in respect of that property.

It should be noted that the manner in which powers of representation are exercised will remain governed by the law of the State where the lasting power of attorney is executed.

As regards the power of attorney under civil law, it is covered by the Hague Convention of 14 March 1978 on the law applicable to agency contracts and representation.

Requirements for powers of attorney to avoid the appointment of a guardian by a foreign judge to be effective in your Member State.

If the measure does not originate from a State applying the

the Convention, there are no specific rules of recognition and implementation under substantive law as applicable in France. The principles of civil law will therefore be applied. Thus, if the measure is a judicial measure, it will be recognised and implemented in France if it meets the terms and conditions that all foreign judicial decisions must meet (i.e. it must be issued by a competent authority, not contrary to substantive and procedural international public order and obtained without fraud). There is, for the time being, no specific case law on this issue

C. Any adult may, if they so wish, make a written statement called advance directives to specify their wishes concerning the end of their life. This document should help doctors, when the time comes, to make decisions on the care to be given if the person can no longer express their wishes.

When a person is subject to a legal protection measure with representation in relation to the person, he or she may draw up advance directives with the authorisation of the judge or the family council if it has been constituted. The person in charge of the protection measure may neither assist nor represent him/her in this respect.

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a) Measures covered by the advance directive.

If the person is at the end of their life or has a serious illness, he/she expresses his/her wishes concerning his/her possible future situation and the continuation, limitation, cessation or refusal of medical treatment and procedures, in particular those undertaken in the context of their illness.

If he/she is in good health, he/she expresses his/her wishes concerning his/her possible future situation and the continuation, limitation, cessation or refusal of treatment and medical procedures in the event of a serious accident or a serious illness.

In both cases, it is possible for the person to express his/her wishes for or against deep and continuous sedation until death when life-sustaining treatment is stopped.

It is also possible to express in the document wishes or desires other than those of a medical nature (e.g. choice of the place where the person wishes to end his/her days). However, these wishes are not binding.

b) Possible judicial review.

In principle, the advance directive is not subject to

subject to judicial review.

Advance directives do not require registration or judicial approval to take effect. They take effect as soon as they are drawn up.

c) Binding nature of the advance directive for healthcare staff and for the patient's trusted persons.

When a patient is unable to express his/her wishes, the doctor caring for him/her is obliged to respect his/her wishes as expressed in the advance directives, except in exceptional cases:

– in the event of a life-threatening emergency, the application of the advance directives is not required during the period necessary for a full assessment of the medical situation.

– if the doctor treating the patient considers the advance directives to be manifestly inappropriate or inconsistent with the medical situation. In this case, the refusal to enforce them can only be decided

after the collegial procedure has been completed. Reasons must be given for any decision to refuse. The trusted support person or, failing that, the family or one of the patient's relatives is informed of the decision to refuse.

The trusted support person is not responsible for taking decisions concerning the patient's treatment, but bears witness to his/her wishes, desires and convictions, particularly as expressed in the advance directives.

d) Formal requirements for an advance directive.

Advance directives are a written document, dated and signed by the perpetrator.

The perpetrator must be duly identified by indicating his or her surname, first name, date and place of birth on the document.

The decree of 3 August 2016 taken in accordance with the decree no. 2016-1067 of 3 August 2016 sets a model that allows the person to express his/her wishes according to one or other of the following cases:

a) A model A in the case where the perpetrator of the directives is at the end of life or knows he/she is suffering from a serious illness;

(b) A model B in the case where he/she does not believe he/she has a serious condition.

The use of either of these models is not mandatory but recommended by the decree.

When the perpetrator of the directives, although able to express his/her wishes, is unable to write and sign the document him/herself, a third party may prepare it on condition that two witnesses, including the trusted support person if he or she has been designated, certify that the document is the expression of the patient's free and informed wishes. These witnesses must indicate their name and capacity, and their attestation is attached to the advance directive.

(e) Entry of the advance directive in the register.

Advance directives. There are various ways of storing advance directives. The perpetrator has the choice of how to store them, depending on the situation:

1° Storage in the shared medical record (DMP). Advance directives may be deposited and kept, at the discretion of the person who drew them up, in the space of the shared medical record provided for this purpose (Public Health Code (PHC), art. R. 1111-42). The shared medical record is a digital medical file managed by the French National Health Insurance Fund for Employees.

The submission of advance directives in the DMP is equivalent to

registration. A reminder of their existence is regularly sent to their perpetrator.

Depending on the perpetrator's wishes, it is possible to mention only the information about their existence, the place where they are kept and the contact details of the custodian.

2° Storage by a healthcare professional. Advance directives may also be stored:

– by a local doctor, either the doctor treating the patient or another doctor chosen by the person who drew them up;

– in the event of hospitalisation, in the medical file created for each patient hospitalised in a public or private health establishment (PHC, art. R. 1112-2);

– in the event of admission to a medico-social establishment, in the care file.

3° Storage by the perpetrator of the directive, the

trusted person, a family member or a close friend. Decree no. 2016-1067 provides that advance directives may also be kept by their perpetrator or entrusted by the latter to the trusted person mentioned in Article L. 1111-6, a family member or a close friend.

f) Case of conflict between the advance directive and the patient's declared wish in another context to donate his/her organs.

The advance directives concern in particular those acts of care that must not be pursued with unreasonable

persistence. Indeed, Article L. 1111-11 of the PHC states that the advance directives indicate the person's wishes concerning the end of life with particular regard to the terms and conditions of limiting or stopping treatment.

The system relating to advance directives therefore differs from that relating to post-mortem organ donations. Under French law, a person who, during his or her lifetime, has not expressed his/her refusal to have organs removed for transplantation upon his/her death is presumed to have given his/her consent.

On the other hand, this rule of presumed consent is no longer applicable in the event of a refusal by the person concerned. This refusal may be expressed by any means, in particular by entry in an automated national register provided for this purpose.

Situations with a foreign element:

Substantive law applicable to advance directives.

There is currently no general conflict rule that stipulates which law is applicable to advance directives. In principle, it should be the law of the adult's usual place of residence, but as mentioned, there is no clear answer to this question.

The Hague Convention of 13 January 2000 on the International Protection of Adults.

For the moment, only the rules of the Hague

Convention of 13 January 2000 exist.

governed by the law of the State of the adult's usual place of residence at the time of the agreement or unilateral act.

However, by way of derogation, an option to choose the applicable law is granted to the adult. Article 15 provides that the law chosen must be expressly designated

in writing. The law of the State of which the adult is a national, the law of a previous usual place of residence or the law of the State in which the adult's property is located may be chosen

in respect of that property.

It should be noted that the manner in which powers of representation are exercised will remain governed by the law of the State where the lasting power of attorney is executed.

However, it is conceivable, by analogy with the Hague Convention on the Protection of Adults, that the applicable law will be the law of the State of the adult's usual place of residence at the time of the agreement or unilateral act, unless another law has been expressly designated.

Terms and conditions for foreign end-of-life powers of attorney to have effect in your Member State.

If the measure does not originate from a State applying the Convention, there are no specific rules of recognition and implementation under substantive law as applicable in France. The principles of civil law will therefore be applied. Thus, if the measure is a judicial measure, it will be recognised and implemented in France if it meets the terms and conditions that all foreign judicial decisions must meet (i.e. it must be issued by a competent authority, not contrary to substantive and procedural international public order and obtained without fraud). There is, for the time being, no specific case law on this issue.

More informations

Conseil Supérieur du Notariat Français : 60, bd de la Tour-Maubourg, F – 75007 Paris, France

Tel.: +33 – 1 – 44 90 30 00
csn@notaires.fr

Fax: +33 – 1 – 44 90 30 30
www.notaires.fr

The Vulnerable in France

1 Is your country party to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, which was concluded on 19 October 1996? If so, at what date did it enter into force?

2 Up to what age is a person considered to be a minor? Are there different levels of legal capacity for minors (e.g. limited legal capacity)?

3 Who has the general right of custody of a minor?

4 Who has the general right of legal representation of a minor?

5 How can the custodian / representative prove his/her right?

6 According to the national law, who is responsible for giving consent/permission/authorisation for a minor child to travel abroad, in the event both parents are not travelling with the child (e.g. one parent, both parents, the guardian, institution, please specify)?

1. Protective measures for adults with diminished capacity

2. Possibility to anticipate a future loss of capacity

More informations

_Data protection

1

Is your country party to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, which was concluded on 19 October 1996? If so, at what date did it enter into force?

2

Up to what age is a person considered to be a minor? Are there different levels of legal capacity for minors (e.g. limited legal capacity)?

3

Who has the general right of custody of a minor?

4

Who has the general right of legal representation of a minor?

5

How can the custodian / representative prove his/her right?

6

According to the national law, who is responsible for giving consent/permission/authorisation for a minor child to travel abroad, in the event both parents are not travelling with the child (e.g. one parent, both parents, the guardian, institution, please specify)?