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

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Article 462

French Civil CodeIn force

Updated 8 Nov 2023

The person under guardianship is assisted by his or her guardian when signing the agreement by which he or she enters into a civil solidarity pact. No assistance or representation is required during the joint declaration before the civil registrar or the instrumental notary provided for in the first paragraph of Article 515-3.

The provisions of the first paragraph of this article apply in the event of modification of the agreement.

The person under guardianship may terminate the civil solidarity pact by joint declaration or by unilateral decision. The formality of service provided for in the fifth paragraph of Article 515-7 is carried out at the tutor's request. Where the initiative for termination comes from the other partner, such service is made on the person of the tutor.

Unilateral termination of the civil solidarity pact may also take place on the initiative of the tutor, authorised by the judge or the family council if it has been constituted, after hearing the interested party and obtaining, where appropriate, the opinion of the parents and next of kin.

No assistance or representation is required to complete the formalities relating to termination by joint declaration.

The person under guardianship is represented by his or her guardian in the operations provided for in the tenth and eleventh paragraphs of article 515-7.

For the purposes of this article, the guardian is deemed to be in opposition of interests with the protected person when guardianship is entrusted to his or her partner.

Mariela Petrova

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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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