Article 396
Any tutelary office may be withdrawn because of the unfitness, negligence, misconduct or fraud of the person to whom it has been entrusted. The same applies where a dispute or conflict of interests pr…
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Showing 3351–3360 of 56936 articles for “Art. I-3°”
Any tutelary office may be withdrawn because of the unfitness, negligence, misconduct or fraud of the person to whom it has been entrusted. The same applies where a dispute or conflict of interests pr…
Guardianship, the protection owed to children, is a public charge. It is a duty of families and the public community.
The claimant in formal guarantee may always request, with his removal from the case, that the guarantor be substituted for him as principal party. However, the guarantor, although removed from the cas…
The plaintiff in simple warranty remains principal party.
A judgment given against the formal guarantor may, in all cases, be enforced against the guaranteed party on the sole condition that it has been notified to him.
The guarantee is simple or formal depending on whether the guarantee claimant is himself sued as personally obliged or only as the holder of property.
Costs are recoverable against the guarantor only in the event of the formal guarantor's insolvency and subject to the guarantor having remained in the case, even in an ancillary capacity.
The guardianship judge appoints the members of the family council for the duration of the guardianship. The family council is made up of at least four members, including the guardian and the subrogate…
Even in the presence of a testamentary guardian and unless there is a vacancy, guardianship is organised with a family council.
Where the presumption of paternity is set aside under the conditions provided for in article 313, its effects may be re-established in court under the conditions provided for in l'article 329. The hus…
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