Question 9823 — family

Summary

Actions for recovery by the State, its representative, the department or the president of the departmental council against the maintenance obligations of a person benefiting from social assistance, of the latter in the event of a return to better fortune, or in the event of inheritance are provided for in articles L. 132-6 and L. 132-7 of the code of social action and families. These two provisions expressly cover the remedies exercised by administrative authorities requesting recovery action. Furthermore, article R. 132-10 of the same code provides that the appeals referred to in the aforementioned articles are exempt, both at first instance and on appeal, from compulsory representation by a lawyer. In addition, article R. 132-10 appears in section 4 entitled "Implementation of the maintenance obligation", an action which only belongs to the aforementioned administrative authorities. In these conditions, and subject to the sovereign assessment of the courts, it should be considered that in the context of the appeals provided for in articles L. 132-6 and L. 132-7, the exemption from legal representation only applies to the State, its representative, the department and the president of the departmental council.

Machine translation from French. The official text remains authoritative.

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• Alexandra Valetta Ardisson · auteur

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