Preliminary chapter: General principles

Articles in this section · 6

L1130-1L1130-2L1130-3L1130-4L1130-5L1130-6

Article L1130-4

French Public Health CodeIn force
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Updated 8 Nov 2023

I.- By way of derogation fromArticle 16-10 of the Civil Code, when the person is incapable of expressing his or her wishes or when he or she is deceased, the examination may be undertaken for medical purposes in the interests of the members of his or her family who may be concerned if a doctor suspects a genetic anomaly which may be responsible for a serious condition justifying preventive measures, including genetic counselling, or care. Where the person is deceased, the examination is carried out on samples of that person already preserved or taken as part of an autopsy for medical purposes.

II. -In the cases mentioned in I, this doctor shall ensure that the person does not object under the conditions laid down in the second paragraph of Article L. 1130-3.

If the person does not object, the doctor shall inform the family members potentially concerned, whose contact details he has, that he considers the existence of such a genetic anomaly to be plausible.

He shall inform them that they may accept or refuse in writing to have the examination referred to in I of this article carried out and that it is sufficient for one of the members to have given his agreement for this examination to be carried out.

III. -Information on the presence or absence of a genetic anomaly identified by the examination provided for in I is accessible, at their request, to all family members potentially concerned, including those who have refused to have the examination carried out, once the doctor has informed them that he or she has the result.

If the genetic anomaly mentioned in the same paragraph I is confirmed, the doctor will invite the persons who have asked to receive the information mentioned in the first paragraph of this III to attend a consultation with a doctor qualified in genetics, without disclosing to these persons the genetic anomaly in question or the risks associated with it.

Family members who wish to have their genetic characteristics examined may do so under the conditions laid down in Chapter I of this Title, in particular Article L. 1131-1.

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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