Section 1: General provisions

Articles in this section · 3

Article 426

French Civil CodeIn force

Updated 8 Nov 2023

The protected person's home and the furniture with which it is furnished, whether a principal or secondary residence, are kept at the protected person's disposal for as long as possible.

The power to administer the property mentioned in the first paragraph only allows for precarious enjoyment agreements which cease, despite any provisions or stipulations to the contrary, as soon as the protected person returns to their home.

If it becomes necessary, or if it is in the interests of the protected person, to dispose of rights relating to his home or furniture by alienation, termination or conclusion of a lease, the act is authorised by the judge or by the family council if it has been constituted, without prejudice to any formalities that may be required by the nature of the property. If the purpose of the deed is to admit the person concerned to an institution, the prior opinion of a doctor who does not hold a position or employment in the institution is required. In all cases, mementos, objects of a personal nature, those essential for disabled people or intended for the care of sick people are kept at the disposal of the person concerned, if necessary by the care of the establishment in which the person is accommodated.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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