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Majeurs protégés et pratiques bancaires : retour sur les difficultés pratiques - On-site conference April 10 and 11, 2024 -Université de Caen Normandie - registration

Online 28 02 2024

Listing Calenda 1120924

Direct debit is protected in more ways than one. It is a right, and its stability is protected (C. civ., art. 427) in the same way as the place of residence (C. civ., art. 426) under law no. 2007-308 of March 5, 2007 reforming the legal protection of adults. The principle of immutability of bank accounts is not absolute: the person designated by the judge may wish to open an account or close one. As for the appointment of a protector of property, his or her power of management sometimes competes with that of the beneficiary of a banking power of attorney. Finally, bank secrecy should not be an obstacle to a guardian wishing to consult account statements for the five years preceding the opening of the measure. There is therefore no shortage of practical difficulties when the principles of banking law and the rules applicable to accounts and passbooks are combined with the legal protection regimes for adults (curatorship, guardianship, family empowerment, common law mandates and future protection mandates).