Question 44724 — death and death

Summary

Mr. Guillaume Chiche draws the attention of the Keeper of the Seals, Minister of Justice, to the distortion of competition that exists between organizations governed by the mutuality code and those covered by the insurance code with regard to the subscription of a funeral agreement for the benefit of a protected adult. Article 9 of Law No. 2019-222 of 2018-2022 programming and justice reform of March 23, 2019 removed the need to obtain prior authorization from the guardianship judge to allow the signing of a funeral agreement for the benefit of a protected adult. However, a provision of the mutuality code relating to life insurance still needs to be modified to ensure total coordination of the provisions applicable to these agreements, apart from those found in the civil code. This is article L. 223-7-1 of the mutuality code, which specifies that the subscription of life insurance contracts insured by mutual societies of the mutuality code can only be done for an adult under guardianship after authorization from the guardianship judge. There is no longer this obligation in the insurance code. The Government submitted, on November 7, 2019, to the Senate desk, a bill “ratifying Ordinance No. 2019-738 of July 17, 2019 taken in application of article 28 of the Law No. 2019-222 of March 23, 2019 on 2018-2022 programming and reform for justice and containing various provisions relating to divorce and legal separation by mutual consent and in matters of legal protection of adults. Article 5 of this text extends to organizations governed by the mutuality code the exemption from which, for almost three years, organizations governed by the insurance code have benefited. However, this text was not included on the Senate agenda and the provision in question was therefore not adopted. Also, he would like to know if the Government plans to have this provision adopted by another route than the ratification bill, not discussed to date, and thus make it possible to reestablish equal treatment between organizations governed by the mutuality code and organizations covered by the insurance code.

Machine translation from French. The official text remains authoritative.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

No documents linked.

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.