When a natural or legal person (very often co-ownerships or undivided estates) faces a deadlock, a governance crisis, or specific difficulties that paralyze its operation, the courts may appoint an ad hoc representative or a provisional judicial administrator.
The ad hoc representative before a court of appeal is an officer of the court appointed by a court for provisional administration or protection missions.
When a natural or legal person (very often co-ownerships or undivided estates) faces a deadlock, a governance crisis, or specific difficulties that paralyze its operation, the courts may appoint an ad hoc representative or a provisional judicial administrator.
This request may be submitted by a partner or a member of the undivided estate, but most requests are filed by a lawyer who will ensure its drafting, compliance with standards, and then its transmission to the appointed representative or administrator.
The grounds vary according to the subject matter and the purpose of the request. The Judicial Court has jurisdiction in civil matters, while the Commercial Court will have jurisdiction in commercial matters and, more generally, in all cases falling within its purview.
Their powers will be clearly and strictly defined by the presiding judge.
However, if deemed necessary, the officer of the court may submit a request to the court (after justification) for their powers to be extended or restricted
Their actions bind the legal entity, the undivided estate, or the represented community, but they are strictly supervised by judicial oversight.
The appointed officer of the court has a duty of loyalty, diligence, and transparency.
Their professional liability may be sought in the event of a proven fault in the exercise of their mandate.
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