Subsection 4: Effects of curatorship and guardianship on the protection of the person

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Article 459

French Civil CodeIn force

Updated 8 Nov 2023

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 for his or her protection in respect of all acts relating to his or her person or those that it lists. If this assistance is not sufficient, the court may, where applicable after granting family habilitation or opening a guardianship measure, authorise the person responsible for this habilitation or measure to represent the person concerned, including for acts that have the effect of seriously harming his or her physical integrity. Except in emergencies, in the event of disagreement between the protected person of full age and the person entrusted with his or her protection, the judge shall authorise either of them to take the decision, at their request or ex officio.

However, except in emergencies, the person entrusted with the protection of the person of full age may not, without the authorisation of the judge or the family council if it has been constituted, take a decision that has the effect of seriously infringing the privacy of the protected person.

The person responsible for the protection of the person of full age may take such protective measures with regard to the latter as are strictly necessary to put an end to the danger that the person's own behaviour would pose to the person concerned. He or she shall inform the judge or the family council without delay if one has been formed.

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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