Supervision

In Civil law French, the supervision is a measurement pronounced by the Juge of the supervisions allowing protection by a Tuteur of a person reached physically or morally (major) or minors (by ex in the event of death of the parents).

The supervision is governed by the articles with Civil code French.

Opening of the supervision

The supervision is open in the event of deterioration of mental faculties by a disease, an infirmity or a weakening due to the age to be represented in a continuous way in the acts of the civil life (Article and c.civ).

It can be open:

  • by major itself
  • the spouse
  • ascending or a descendant
  • a brother or a sister
  • the curator
  • the Public ministry

The judge of the supervisions can also open it office (Article C. civ.). She is subordinated to the observation of the defective mental state by a specialist physician.

All the people who can open a supervision can dispute it by a recourse in front of the Court of Bankruptcy.

Measurements concerning the supervision are registered in the civil repertory, mention deferred on the birth certificate.

Organization and operation

The operation of the supervision of major is identical to that of the minors (Article c.civ).

The tutor is used to manage the interests of the struck person of incapacity since it loses her right to vote and all its freedom to act as her proper name.

On the other hand, for any important act it must take the opinion of the Judge of the Supervisions (real goods, successions, marriage or divorce…).

Certain characteristics should nevertheless be raised:

  • the supervision is dative: that of the nonseparate spouse of body (Article c.civ). Failing this, the judge of the supervisions appoints the tutor, who can be a moral person.
  • the tutor can require after five years of exercise to be discharged from its mission (Article c.civ).
  • the tutor cannot be the attending physician, the establishment of care or any person having an employment remunerated

There exist several modes for the supervision:

  • legal Management as an administrator, by designation of a relative or an ally, without board of guardians or of surrogate guardian (Article c.civ).
  • Management in management of supervision: designation of a person, without board of guardians or of surrogate guardian, being able to be a member of the administrative staff of the establishment of treatment or a special administrator.
  • Management in supervision of State, approaching management

Extended from the incapacity

The incapacity of exercise applies to all the civil laws, even with the acts of administration, even for periods of clearness of major protected. Any act passed subsequently to the judgment of opening is null full (Article c.civ). In the same way, the will is declared null. The marriage must be authorized by a board of guardians, even if there does not exist in the supervision. If the parents agree, the board of guardians does not have to be joined together (Article c.civ). The conclusion of a PACS obeys the same rules.

However, the judge of the supervisions can on opinion of the attending physician enumerate certain authorized acts. The supervision ends with the causes which determined it (Article c.civ) and the procedure of replevin is informed in the same forms.

See too

Internal bonds

Texts of reference

; Chapter III “Of major in supervision”
Articles 492 to 507 of the civil code, up to date of January 26th, 2007

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