The following two tables are appended to the decree of December 22, 2008. They classify administrative acts (on the left) and provisions (on the right). But if Table n ° 1 uses a classification deemed to comply with the texts and with case law, Table n ° 2 proposes a classification which could always be called into question with regard to the circumstances of the case (importance of the patrimony of the person of full age, etc.)

1- LIST OF ACTS CONSIDERED AS ACTS OF ADMINISTRATION OR AS ACTS OF PROVISION

Decree n ° 2008-1484 of 22 December 2008 relating to acts of management of the assets of persons placed under curatorship or tutorship, and taken in application of articles 452, 496 and 502 of the civil code

ACTS OF ADMINISTRATION

Day-to-day management acts, exploitation or enhancement of the protected person free of abnormal risks

 ACTS OF PROVISION

Serious acts which engage the patrimony of a protected person, for the present and the future, by a significant modification of its content, a significant depreciation of its capital value or a lasting alteration of the prerogatives of its holder

I - Acts relating to buildings

- precarious enjoyment agreement (art. 426, al. 2, of the civil code);
- conclusion and renewal of a lease of nine years at most as lessor (art. 595 and 1718 of the civil code) or lessee;
- amicable demarcation of the property of the protected person;
- useful improvement works, arrangements, maintenance repairs of the buildings of the protected person;
- termination of the residential lease as lessor;
- loan for use and other agreement of enjoyment or precarious occupation;
- declaration of exemption from seizure of non-professional buildings owned by the individual entrepreneur (art. 1526-1 of the Commercial Code);
- release of a mortgage registration in return for payment.		 - provision of rights relating to the housing of the protected person, by alienation, termination or conclusion of a lease (art. 426, para. 3, of the Civil Code);
- sale or contribution to a company of a building (art. 505, al. 3, of the civil code);
- purchase by the guardian of the assets of the protected person, or lease or leasehold of these assets by the guardian (art. 508, al. 1, of the civil code);
- exchange (art. 1707 of the civil code);
- acquisition of immovable in use or re-use of judicially prescribed sums of money (art. 501 of the civil code);
- acceptance by the seller of a promise to acquire (art. 1589 of the civil code);
- acceptance by the purchaser of a promise to sell (art. 1589 of the civil code);
- date;
- any serious act, in particular the conclusion and renewal of the lease, relating to rural, commercial, industrial, artisanal, professional and mixed leases, major repairs to the building;
- constitution of main rights in rem (usufruct, use, servitude, etc.) and of ancillary rights in rem (mortgages, etc.) and other real securities;
- consent to a mortgage (art. 2413 of the civil code);
- release of a mortgage registration without consideration for payment.

II - Acts relating to tangible and intangible furniture

1 ° Amounts of money:

- opening of a first account or passbook in the name or on behalf of the protected person (art. 427, al. 4, of the civil code);
- use and re-use of sums of money which are neither capital nor surplus income (arts. 468 and 501 of the civil code);
- use and re-use of sums of money not judicially prescribed by the guardianship judge or the family council (art. 501 of the civil code);
- revenue collection;
- receipt of capital;
- receipt of payment;
- request for issuance of a withdrawal bank card.

 1 ° Amounts of money:

- modification of any account or passbook opened in the name of the protected person (art. 427, al. 1 and 2, of the civil code);
- opening of any new account or passbook in the name or on behalf of the protected person (art. 427, paragraphs 1 and 2, of the Civil Code);
- opening of any account, including an asset management account, with the Caisse des Dépôts et Consignations (art. 427, para. 3, and art. 501, para. 4, of the Civil Code);
- when the protected person has been prohibited from issuing checks, the operation of his accounts under the signature of the person responsible for the protection measure and his disposal of all the usual means of payment ( art. 427, al. 7, of the Civil Code);
- use and re-use of capital and surplus income (arts. 468 and 501 of the civil code);
- from February 1, 2009: trust contract by a person under guardianship (art. 468, para. 2, of the Civil Code);
- closing of a bank account;
- opening of an asset management account;
- request for issuance of a bank credit card.
2 ° Financial instruments:

- termination of a securities and financial instruments management contract (art. 500, para. 3, of the Civil Code).

 2 ° Financial instruments (within the meaning of Article L. 211-1 of the Monetary and Financial Code):

- conclusion of a contract for the management of transferable securities and financial instruments (art. 500, al. 3, of the civil code);
- sale or contribution to a company of financial instruments not admitted to trading on a regulated market (art. 505, para. 3, of the Civil Code);
- sale of financial instruments (art. 505, al. 4, of the civil code).
3 ° Other furniture, tangible and intangible:

- rental-loan-loan-sale-exchange-donation and acquisition of furniture in common use or of low value;
- perception of fruits;
- rental of a safe.

 3 ° Other furniture, tangible and intangible:

- alienation of furniture furnishing the accommodation or termination or conclusion of a lease on this furniture (art. 426, para. 3, of the Civil Code);
- sale or contribution of a business to a company (art. 505, al. 3, of the civil code);
- rental-loan-sale-exchange-donation of valuable furniture or which constitutes, in view of the inventory, a significant part of the patrimony of the protected minor or adult;
- sale-exchange-date of a business;
- conclusion of a rental management contract on a business.

III. - Acts relating to groups having legal personality

- candidacy for the functions of manager and director;
- joint ownership of built buildings: acts referred to in art. 25 to 28-1, 30, 35 and 38 of law n ° 65-557 of July 10, 1965.

IV - Acts relating to groups without legal personality

- in the event of legal joint ownership: sale of undivided property to pay the debts of joint ownership (art. 815-3 [3 °] of the civil code). - conjugal community: acts that a spouse cannot do alone;
- conventional joint ownership: acts that the manager or one of the joint owners cannot do alone;
- in the event of the dismemberment of the right to property: sale-exchange-date of the dismembered right, acts to which the holders of the dismembered rights must jointly agree, major non-urgent repairs.

V - Free acts

- inventory (art. 503 of the civil code);
- acceptance of an inheritance up to the net assets (art. 507-1 of the civil code);
- acceptance of a universal or universal bequest up to the amount of the net assets (art. 507-1 and 724-1 of the civil code);
- act of notoriety (art. 730-1 of the civil code);
- interrogation action against silent heirs (art. 771, para. 2, of the Civil Code);
- mandate for the purposes of partition (art. 837 of the civil code);
- acceptance of legacies by particular title and unencumbered donation;
- issuance of legacies;
- declaration of inheritance;
- certificate of ownership.		 - donation made by a protected person of full age (art. 470, al. 2 and 476, al. 1 of the Civil Code);
- amicable partition (art. 507 of the civil code);
- pure and simple acceptance of a succession (art. 507-1, al. 1, of the civil code);
- revocation of a renunciation of a succession or a universal or universal bequest (art. 507-2 of the civil code);
- pure and simple acceptance of a universal or universal bequest (art. 724-1 of the civil code);
- revocation of a waiver of a legacy (art. 724-1 of the civil code);
- choice by the donee to return the donated property in kind (art. 859 of the civil code);
- waiver of a succession (art. 507-1, al. 2, of the civil code);
- waiver of a legacy (art. 724-1 of the civil code);
- waiver of an action for reduction of excessive donations after the death of the premourant (art. 920 of the civil code);
- acceptance of specific legacies and encumbered donations;
- waiver of a universal legacy encumbered with charges;
- revocation of a gift between spouses (art. 953 of the civil code);
- consent to execution of a donation between spouses.

VI - Legal actions

- any legal action relating to a patrimonial right of the person under guardianship (art. 504, al. 2, of the civil code);
- any procedural act which does not entail loss of the right of action.		 - any legal action relating to an extra-patrimonial right of the person under guardianship (art. 475, al. 2, of the civil code);
- any legal action relating to a patrimonial or extra-patrimonial right of the person under curatorship (art. 468, al. 3, of the civil code);
- action by the person in charge of protection for nullity, rescission or reduction, as the case may be, of acts performed by the protected person (art. 465, al. 6, of the civil code);
- any procedural act which does not entail loss of the right of action.

VII - Insurance

- conclusion or renewal of a property or civil liability insurance contract. - request for an advance on the insurance contract (art. L. 132-21 of the Insurance Code).

VIII - Acts of prosecution and execution

- provisional measures (art. 26, law n ° 91-650 of July 9, 1991);
- procedures for the execution of movable property (art. 26, law n ° 91-650 of July 9, 1991).		 - foreclosure of real estate (art. 2206, al. 1, of the civil code and 13 of decree n ° 2006-236 of July 27, 2006).

IX - Miscellaneous acts

- legal joint ownership: acts referred to in article 815-3 (1 ° and 2 °) of the civil code (act of administration of undivided property and general administration mandate);
- any act relating to the protected person's domestic animal.		 - settlement and compromise and arbitration clause in the name of the protected person (art. 506 of the civil code);
- change or modification of the matrimonial regime (art. 1397 of the civil code);
- subscription or redemption of a life insurance contract and designation or substitution of the beneficiary (article L. 132-4-1 of the insurance code and article L. 223-7-1 of the mutual insurance code);
- revocation of the unacceptable benefit of a life insurance contract (art. L. 132-9 of the insurance code and art. L. 223-11 of the mutual insurance code);
- confirmation of the null act for insanity of mind (art. 414-2 of the civil code);
- confirmation of a void act for having been performed by the tutor or curator alone (art. 465, para. 8, of the Civil Code);
- fee agreement proportional in whole or in part to a result, indeterminate or random.

2 - LIST OF ACTS CONSIDERED AS ACTS OF ADMINISTRATION OR AS ACTS OF PROVISION EXCEPT SPECIFIC CIRCUMSTANCES

Decree n ° 2008-1484 of 22 December 2008 relating to acts of management of the assets of persons placed under curatorship or tutorship, and taken in application of articles 452, 496 and 502 of the civil code

ACTS OF ADMINISTRATION

Day-to-day management acts, exploitation or enhancement of the protected person free of abnormal risks

 ACTS OF PROVISION

Serious acts which engage the patrimony of a protected person, for the present and the future, by a significant modification of its content, a significant depreciation of its capital value or a lasting alteration of the prerogatives of its holder

I -Acts relating to tangible and intangible furniture

1 ° Amounts of money:

- payments of debts, including by deduction from the capital;
- granting of a reasonable period of time for the recovery of debts.

 1 ° Amounts of money:

- deduction from the capital to the exclusion of the payment of debts;
- borrowing of money;
- loan granted by the protected person.
2 ° Financial instruments (within the meaning of Article L. 211-1 of the Monetary and Financial Code):

- portfolio management acts, including transfers of securities on condition that they are followed by their replacement;
- exercise of the right to vote in assemblies, except what is said about specific agendas;

- requests for the allocation, consolidation or exchange of securities;
- sale of rights or shares forming fractional shares;
- subscription to a capital increase, except what is said about the investment of funds;
- conversion of convertible bonds into shares admitted to trading on a regulated market.

 2 ° Financial instruments (within the meaning of Article L. 211-1 of the Monetary and Financial Code):

- transfer of the portfolio in full or bare ownership;
- acquisition and disposal of financial instruments not included in a portfolio;
- pledge and release of the pledge of financial instruments.
3 ° Other furniture, tangible and intangible: 3 ° Other furniture, tangible and intangible:

- transfer of fruits;
- sale-exchange-sale of intangible rights;
- conclusion of a contract for the exploitation of a right or of an intangible piece of furniture.

II - Acts relating to groups having legal personality

- commitment to retain units or shares. - any contribution to a company not referred to in appendix 1;
- determination of the vote on the following agendas: Resumption of contributions - Modification of the articles of association - extension and dissolution of the grouping - merger - demerger - partial contribution of assets - approval of a partner - increase and reduction of capital - change of corporate purpose - loan and constitution of collateral - sale of a fixed asset - worsening of partners' commitments;
- retention in the group;
- sale and pledge of securities.

III - Acts relating to professional life

- conclusion and termination of an employment contract as an employer;
- conclusion and termination of an employment contract as an employee;
- membership in a group life insurance contract, the benefits of which are linked to the cessation of professional activity or membership in a supplementary provident insurance contract (except for life insurance: art. L. 132- 4-1 and L. 132-9 of the Insurance Code and Arts. L. 223-7-1 and L. 223-11 of the Mutual Code);
- membership of an insurance contract relating to the risk of death within the framework of a collective contract (art. L. 141-5 of the insurance code and L. 233-6 of the mutual insurance code).

IV - Insurance

- acceptance of the beneficiary clause of a life insurance contract without charge. - acceptance of the beneficiary clause of a life insurance contract with charges;
- payment of new premiums on a life insurance contract.

V - Miscellaneous acts

- credit agreement

A few things to help understand

Through these few lines, we will approach the essential distinctions between the acts of administration and deeds of disposal, as well as the importance of regulation and legal advice for these two types of acts.

Understand the difference between deeds of administration and deeds of disposal

In the management of a person's affairs, legal acts are often classified into two categories distinct: 

  1. acts of administration
  2. deeds of disposal

The acts of administration are those that aim to preserve and maintain a person's property, as well as to collect income from it. For example, by renting real estate, the owner exercises an act of administration, since he establishes a method for generate income without ceding ownership of the property. On the contrary, deeds of disposal involve the sale, exchange or donation of property, and are therefore often more binding, since they entail a transfer of ownership. In this regard, the importance of thekbis extract, which is a document attesting to the legal existence of a company and its administrative situation. It is often requested during certain operations, such as the opening of a professional bank account or the signing of a commercial contract.

The regulation and the importance of legal advice in acts of administration and disposal

In the legal world, acts of administration and disposal are governed by specific rules that protect the interests of the parties concerned. Deeds of administration are generally subject to a more flexible regime than deeds of disposal, because they have less impact on a person's assets. However, it is important to note that the boundary between these two types of acts is not always clear and there may be gray areas. Therefore, it is essential to refer to legal and regulatory provisions in force to determine the exact nature of an act and the resulting obligations.

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2 Comments

  1. Hi
    I must have an Act of Legal Administrator of property drawn up (ACT OF BENEFICIARY) to allow me to be legally represented and to justify my non-presence during the delivery of the prizes and allowing the payment of my winnings via the Bank.
    To obtain this document or can I please contact me, knowing that I will be asked for fees to establish this ACT

    Reply

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