Key Benefits:
The Seals Guard, Minister of Justice,
In the light of Decree No. 64-754 of 25 July 1964 on the organization of the Ministry of Justice, and in particular its article 3;
In view of the Order of 15 January 1996 laying down the organization in sub-directorates of the Directorate of Civil Affairs and the Seal;
In view of the opinion of the Central Joint Technical Committee of the Ministry of Justice,
Stop:
The Executive Secretariat centralizes the reception and mailing of mail, deals with reserved matters and follows in particular parliamentary mail. It ensures the proper functioning of management services. He is also responsible for the establishment of awards proposals for members of the legal professions under management.
The research and research unit expresses the needs of the Conducting and conducting statistical studies relating to civil and commercial law and its application by the courts; it maintains the descriptive nomenclatures in this respect.
The Public Law Office:
-develops, in conjunction with other directorates of the Chancery and interested departments, bills for the revision of the Constitution;
-drafts the texts Laws and regulations relating to the administrative jurisdiction and the proceedings before those courts;
-in conjunction with other departments of the Chancery and other departments in the preparation of any text with Implications for constitutional and public law, in particular as regards legal persons under public law having economic activity, public freedoms, electoral law, public health, market law The rules applicable to foreigners, the motivation and the communication of administrative acts;
-ensures, in conjunction with the management of general administration and equipment, the follow up of procedures relevant to the The direction of civil affairs and the seal before the administrative courts which do not fall within the competence of the other management offices.
International mediation assistance mission for families:
-contributes to international family mediation efforts;
-participates in legislative and regulatory work in this area ;
-is associated by European and international business with European and international reflections and negotiations;
-organises information and training actions on family mediation International.
The Office of Human and Family Law:
-develops laws and regulations on the law of individuals and the family, with the exception of the right of nationality; In particular in its competence the state and capacity of persons, fundamental rights and personality attributes, legislation and regulations relating to computers and freedoms, the right of the child and the law of filiation, Parental authority, marriage, divorce, the civil pact of solidarity, maintenance obligations, the law of matrimonial property regimes and liberalities;
-the drafting of laws and regulations Relating to bioethics and the rights of patients;
-monitoring the functioning of the civil service, excluding the management of appropriations, and updating the general instruction; provides the secretariat for the section French of the International Commission on Civil Status; develops in liaison with the European and International Affairs Department international conventions relating to the civil status.
The seal of France is attached to the law office People and the family. It exercises the duties of the Chancery in respect of nobiliary titles, endowments and coats of arms and prepares Orders in Council for changes in names and waivers for marriage. It deals with litigation relating to these individual acts.
The Office of Obligations Law:
-develops legislative and regulatory instruments in all matters relating to the law of obligations that is not specifically assigned to another office; Competence of contracts, quasi-contracts, security and personal rights, liability regimes, prescription, the right of proof;
-the development of consumer law, over-indebtedness of Individuals, insurance, associative contracts, cultural property, new technologies and information technology.
The Office of Procedural Law and Social Law:
-develops, where appropriate in connection with the Directorate of Judicial Services, the laws and regulations of procedural law in civil matters And before all non-judicial courts of the judiciary;
-is associated by the Directorate of Judicial Services in the study of questions concerning the organisation of non-punitive courts;
-develops legislation And regulations relating to enforcement, arbitration and alternative dispute resolution;
-is associated with the service of access to law and justice and city policy in the drafting of legislation and Regulation on legal aid for civil procedural matters;
-the drafting of laws and regulations on labour law, social law and the law Concerning returnees;
-drafting the legislative and regulatory texts relating to the proceedings before the administrative courts;
-ensures the follow-up of procedures of interest to the Chancery in the courts of Conflicts;
-ensures, in liaison with the Directorate of General Administration and Equipment, the follow-up of cases involving the Directorate of Civil Affairs and the Seal before the judicial courts when these proceedings are not under way Not the competence of other management offices.
The office of nationality:
-develops laws and regulations concerning nationality;
-monitors the application of nationality law;
-monitors, inter alia, litigation And the issuing of certificates of nationality, and centralises judicial decisions in this field.
The trade law office:
-develops laws and regulations, in matters of general commercial law, company law and other economic groupings of private law, of effects of Trade, commercial contracts, special contracts used in business law, trade register and companies;
-in liaison with relevant ministries and departments, in the preparation of texts relating to the Accounting, the regulation of trade and craft activities, the law of competition, the law of the stock, the law of transport, industrial property, literary and artistic property, press companies and Radio and television broadcasting;
-develops the legislative and regulatory texts concerning the professions of auditors, participates in the administration and monitoring of the disciplinary procedures of this profession;
- The development of legislation and regulations for the professional accountancy and industrial property consulting professions; and
-monitors procedures for takeover bids.
The Office of the Law of the Real Estate and the Law of the Environment:
-develops laws and regulations or contributes to their development in the field of property rights, real estate rights and Other real rights, immovable property, environmental law, urban planning and land development, rural and agricultural law, forestry law, real estate companies, residential tenancies, commercial interests, and Rural, building and building contracts, condominiums and land advertising, public property, expropriation for public utility purposes, utility easements;
-developing or contributing to the development Legislative and regulatory texts concerning the professions of property administrator, condominium trustee, intermediary in favour of real estate transactions, architects, expert surveyor and knows, within the framework of the duties Of the Chancery, questions relating to these professions;
-provides representation of the Chancery in these areas.
The Office of Occupational Regulation:
-develops the legislative and regulatory texts relating to the statutes of the judicial and legal professions (ethics, individual or group practice, Access to the profession, vocational training, social protection system, professional civil liability);
-knows, in liaison with the ministries concerned, questions relating to the statutes of non-judicial professions or Legal authority that does not fall within the scope of the Chancery and does not fall within the jurisdiction of other departments of this department;
-competition for legal interpretation of regulation; and
-deals with litigation Regulatory;
-participates in all think-boards related to the regulation of judicial and legal professions;
-provides, in liaison with the services of the Ministry of Economy, Finance and Budget, and Those of the Ministry responsible for social affairs, the guardianship of the Caisse nationale des barreaux Français, as well as that of the pension and pension fund of the clerks and employees of notaries.
The Office of Prospective and Economics of Professions:
-deals with the economic aspects of the exercise of the judicial and legal professions in liaison with the competent services of the Direction of general administration and equipment;
-defines, in conjunction with the statistical office, the needs, methods of collection and processing of information relating to the judicial and legal professions ;
-provides for the analysis of demographic and economic data for these professions and conducts any prospective study of these professions and their activities;
-develops legislation and regulations relating to The economy of the professions (rate, management of third party funds, compensation), in liaison with the relevant ministerial departments, deals with all matters concerning taxation applicable to legal professionals.
Each of the offices of the Directorate of Civil Affairs and the Seal is associated by the European and International Affairs Department in the elaboration of European and international law, to the representation of The Chancery in European and international negotiations and the processing of litigation files before the European Court of Human Rights and the United Nations Committee addressed to them by this service
Follows, within the framework of its remit, the training and evolution of the case-law; it shall prepare and propose any measures to facilitate and monitor the action of the public prosecutor in matters of principle in matters of principle
of them, as far as they are concerned, studies the requests for legal consultations on private law from other public administrations and prepares replies to the written questions posed by parliamentarians and The briefs on the use of excessive powers against the regulatory texts in which they participated.
The order of January 15, 1996, for the organization of branch offices of the Civil Affairs and Seal Branch is repealed.
The Director of Civil Affairs and the Seal is responsible for the execution of this Order, which will be published in the Official Gazette of the French Republic.
Done at Paris, January 7, 2003.
Dominique Perben
