Section 2: Creation of delegated communes within a new commune

Articles in this section · 14

L2113-10L2113-11L2113-11-1L2113-12L2113-12-1L2113-12-2L2113-13L2113-14L2113-15L2113-16L2113-17L2113-17-1L2113-18L2113-19

Article L2113-10

French General Code of Local AuthoritiesIn force
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Updated 8 Nov 2023

Communes déléguées (delegated communes) taking the name and territorial boundaries of all the former communes from which the new commune is formed are established within the new commune, except where the concordant deliberations of the municipal councils taken pursuant to Article L. 2113-2 have excluded their creation.

However, at the request of the municipal council of a municipality resulting from a merger of municipalities pursuant to section 3 of this chapter, as it stood prior to Act no. 2010-1563 of 16 December 2010 on local authority reform, communes déléguées taking the name and territorial boundaries of the former commune chef-lieu and the former associated communes are established. In this case, no delegated commune is created taking over the name and territorial boundaries of the commune resulting from a merger of communes mentioned in the first sentence of this paragraph.

When a new commune is extended to include one or more communes, the pre-existing delegated communes are maintained, unless the municipal councils or the municipal council of the new commune decide otherwise under the conditions set out in the first and penultimate paragraphs of this article. The same applies when a new commune is extended to include one or more communes governed by this chapter, as it stood prior to the aforementioned Act no. 2010-1563 of 16 December 2010. In this case, the former commune chef-lieu and the associated communes are replaced by communes déléguées subject to this section.

The municipal council of the new commune may decide to abolish some or all of the communes déléguées, within a timeframe that it determines. The plan to abolish a delegated commune is subject to the agreement of the delegated mayor and, where it exists, of the council of the delegated commune. Under the same conditions, it may decide to replace all the delegated communes mentioned in the second paragraph by a delegated commune taking the name and territorial boundaries of the commune resulting from a merger of communes mentioned in the first sentence of the same second paragraph.

In the case provided for in the fourth paragraph, the civil registrar of the new commune draws up the civil status records relating to events occurring within the territorial boundaries of the abolished delegated commune. Civil solidarity pacts of partners who have established their common residence within the territory of the abolished delegated commune are registered by the civil registrar of the new commune.

The new commune alone has the status of a territorial collectivity.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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