Key Benefits:
Publics concerned: protected persons and persons responsible for their protection; professionals (magistrates, chief clerks, judicial officers).
Subject: organization of the terms of assistance of the Chief Clerk for the audit of the guardianship accounts by a judicial officer.
Entry into force: the text comes into force on the day after its publication.
Notice: The Order creates the possibility for the Chief Clerk to be assisted by a judicial officer in his management account verification mission carried out as part of a legal protection measure. The decree organizes the modalities of delegation of the chief clerk's control mission to the judicial officer and specifies the conditions for carrying out this mission.
The decree also sets out the pricing of the intervention of the judicial officer who assists the chief clerk, according to a scale that takes into account the importance of the movements of the account of the protected person.
References: this decree is taken for the application of third paragraph of Article 511 of the Civil Code. The provisions of the Civil Procedure Code established by this Decree are available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice and Freedoms,
Vu le Civil codeincluding articles 419 and 511 in its drafting Act No. 2009-526 of 12 May 2009 ;
Considering the Code of Civil Procedure, including article 695;
Vu le Decree No. 96-1080 of 12 December 1996 amended to fix the tariff of judicial officers in civil and commercial matters;
Considering the opinion of the Autorité de la concurrence of 29 June 2010;
The State Council (inland section) heard,
Decrete:
After article 1254 of the Civil Procedure Code, an article 1254-1 is inserted as follows:
"Art. 1254-1. - For applicationArticle 511 of the Civil Codewhere the resources of the protected person permit and the Chief Clerk considers it useful, the Clerk may, at the expense of the protected person, seek the assistance of a judicial officer in his audit mission. The protected person and the person designated to exercise the protection measure are informed by any means; Such a decision may be referred to the guardianship judge, who decides on the application by an order not subject to appeal. The judicial officer may consult all documents relating to the accounts in the case of the protected person, at the registry of the court which holds the person, without any restrictions other than the requirements of the service, and shall retain the necessary copies for the performance of his or her mission, but may not communicate them to a third party. »
After Article 15-2 of the above-mentioned Decree of 12 December 1996, a chapter VII was created, as follows:
“Chapter VII
« Audit rights
Trusteeship
"Art. 15-3. - When he assists the Chief Clerk in his management account audit mission established under a legal protection measure, the judicial officer shall be paid by a flat fixed fee that varies according to the following scale:
"40 base rate where the highest total of all amounts recorded as expenses or resources in the account of the year is less than or equal to 25,000 euros;
"50 base rate where the highest total of all amounts recorded as expenses or resources in the account of the year is greater than 25,000 euros and less than or equal to 40,000 euros;
"60 base rate where the highest total of all amounts recorded as expenses or resources in the account of the year is greater than 40,000 euros and less than or equal to 70,000 euros;
"80 base rate where the highest total of all amounts recorded as expenses or resources in the account of the year is greater than 70,000 euros. »
Articles 1 and 2 of this Decree shall apply to the procedures under way.
The security guard, Minister of Justice and Freedoms, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 8 November 2011.
François Fillon
By the Prime Minister:
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
