Section 6: Family habilitation

Articles in this section · 12

Article 494-9

French Civil CodeIn force

Updated 8 Nov 2023

If the person in respect of whom habilitation has been granted performs alone an act the performance of which was entrusted to the habilitated person, the act is void ipso jure without it being necessary to prove any prejudice.

If he or she performs alone an act the performance of which required assistance from the habilitated person, the act may be annulled only if it is established that the protected person has suffered prejudice.

The obligations resulting from acts performed by a person in respect of whom a family habilitation measure was pronounced less than two years before the judgment granting habilitation may be reduced or cancelled under the conditions provided for in Article 464.

The authorised person may, with the authorisation of the guardianship judge, initiate alone the action for nullity or reduction provided for in the above paragraphs.

If the authorised person performs alone, in that capacity, an act which does not fall within the scope of the authorisation issued to him or her or which could only have been performed with the authorisation of the judge, the act is null and void ipso jure without it being necessary to prove any prejudice.

In all cases, the action for nullity or reduction is brought within the five-year period provided for in article 2224.

During this period and as long as the empowerment measure is in progress, the contested act may be confirmed with the authorisation of the guardianship judge.

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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