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Guardianship

Tuesday 15 July 2008, by admin

Article 1231 of civil code - The following persons should not be appointed as guardians: 1 - Those persons who are themselves under guardianship. 2 - Those persons who, by reason of perpetrating a felony or the following misdemeanours been convicted by a final judgment Theft , abuse of confidence (breach of trust) , swindling embezzlement, rape or immoral acts, offences against children, and fraudulent bankruptcy. 3 - Persons for whom orders of bankruptcy are issued and whose bankruptcy has not yet been settled. 4- Persons who are notorious for their immoral acts. 5-A person who either in his own name or in that of his relatives of the first degree has a claim against the person under incapacity.

Article 1233 - A woman cannot accept guardianship without, the consent of her husband

Article 1251 - If a woman without a husband who is appointed as guardian, even if she be the mother of the person placed under guardianship, re - marries, she will have to report the matter within a month from the date of the contract of marriage to the Public Prosecutor of the district of her residence or to his representative In such a case the Public Prosecutor or his representative can, while taking into view the new position of that woman, ask for the appointment of a new guardian or the addition of a supervisor.

Article 1252 - With regard to the preceding Article, in case the guardian fails to report her marriage to the Public Prosecutor or his representative within the prescribed period, the Public Prosecutor can ask for her dismissal.

Article 1083 - A duration of time or instalments can be fixed for the payment of the marriage portion, as a whole or in parts.

Article 1085 - So long as the marriage portion is not delivered to her, the wife can refuse to fulfil the duties which she has to her husband provided, however, that the marriage portion is payable at once. This refusal does not debar her from right of maintenance expenses.

Article 1086 -If the wife proceeds to fulfil the duties that she has towards her husband by her own free will, she cannot subsequently avail herself of the provisions of the foregoing Article, but never the less she will not forfeit the right that she has for demanding the payment of the marriage portion due to her.

Article 1089 - Authority for fixing the marriage portion can be entrusted to the husband or a third party, in which case both of them can fix it at any amount they may wish.

Article 1090 - If the authority for fixing the marriage portion is vested in the wife, she cannot fix an amount which exceeds reasonable marriage portion.

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