MANDATE FOR FUTURE PROTECTION IN THE FRENCH LAW. INTERFERENCE WITH THIRD-PARTY ASSET MANAGEMENT
MANDATE FOR FUTURE PROTECTION IN THE FRENCH LAW. INTERFERENCE WITH THIRD-PARTY ASSET MANAGEMENT

Summary/Abstract: It is interesting to notice that, even though the French law is unfamiliar with the institution of third-party asset management, it nevertheless provides, by means of other regulations, conventional protection measures in relation to the property of disables persons, irrespective of the disability's cause.Thus, apart from the traditional judicial protection measures, i.e. guardianship, conservatorship, judicial supervision, the French Civil Code provides under art. 428 a subsidiary legal regime for the legal protection of "vulnerable" adults, pre-endorsing the principle of subsidiarity.The legal institution of the "Mandate for future protection” is defined in the doctrine of speciality as being the legal possibility recognized to each person capable to appoint, for the "days" when he/she will no longer be able to manage his/her own assets and accomplish his/her interests, one or several authorised representatives. This mandate creates a representation regime, without involving the representative's incapacity.

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