Human rights

The principle is laid down in Article 1 of the Declaration of the Rights of Man and of the Citizen of 1789: " Men are born and remain free and equal in rights ».

Men as free people enjoy the same rights. The recognition of the primacy of the individual protected as a human person endows him with a legal personality.

Man as an actor in legal life and therefore a subject of law, is protected both in his person and his individuality: these are the rights of the personality.

Rights that everyone acquires from birth or, from conception whenever it is in their best interests and when they are born alive and viable (in accordance with the adage " infans conceptus ").

From birth, everyone has the capacity to enjoy and exercise their rights. Vulnerable people known as "incapable" will benefit from increased protection to protect their interests.

The man passes away with death, but his personality is transmitted to his heirs commonly designated as successors of the person of the deceased. The person benefits from protection of the human body, from the organization of civil status documents. People will see their rights restricted, framed it is the right of foreigners.

Personal rights are unlimited in terms of public freedoms (freedom of conscience, freedom of religion, etc.); the right to honour, to respect for one's dignity and reputation (defamation, public or private insults, discrimination, etc.); right to privacy...

The only limit to personality rights are public order and good morals.

Distinction between acts of administration and disposal

The following two tables are appended to the decree of December 22, 2008. They classify administrative acts (on the left) and…

Curatorship

Curatorship is a less restrictive protection regime for adults than tutorship. Articles 467 paragraph 1 and…

The judicial support measure (MAJ)

This measure concerns people who experience serious social and / or budgetary difficulties in order to help them find a…

The personalized social support measure (MASP)

Created by law n ° 2007-308 of March 5, 2007, this measure provided for in article L.271-1 and following of the code of…

The name change procedure

The name change procedure is not devolved to the courts but to the Seal Service of the Ministry of…

Safeguarding justice

The safeguard of justice is a transitional protection regime that is strictly limited in duration. There are actually 3 ...

Guardianship of adults

It is a protection regime put in place when the adult must be represented continuously in all ...

The choice of last name

The last name is used to identify a person within the company. He connects her to a family in ...

Controlling the management accounts of a protected adult

The verification and annual control of the management accounts of protected adults has been exclusively entrusted to the clerks in…

The functioning of civil status

Within society, every person has a state, (an identification) which they do not have freely (we do not ...

Legal agents for the protection of adults (MJPM)

This is a great innovation of the 2007 reform which created a statute to standardize and regulate the action of…

Nullity of an act made by a protected adult

Article 414-1 of the Civil Code specifies that “to perform a valid act, one must be of sound mind. It's up to those ...

Can I be forced to change my child's first name?

The first name, like the last name, is immutable. This principle laid down by the law of 6 Fructidor Year II (yes, the ...

Guiding principles of the protection system for adults

Protect the weak without ever diminishing them The freedom to act is a fundamental principle, but sometimes this freedom is ...

The legal status of family carers

What is a family host? A welcoming family or foster family for the elderly is a family that welcomes in their home until…

The birth certificate

In all countries of the world, the birth certificate is recognized as the basic document that every citizen…

Advance directives: anticipating your end of life

Advance directives are very important and too often overlooked. Who wouldn't like to have their last wishes (really) respected...

The person of trust in medical matters: who what when how?

Any adult, at any time in their life, can decide to appoint a trusted person, without waiting to be...