Cap. 16 · Civil Code (Cap. 16)
Cap. 16 Art. 1124EFiduciary action.
Sub-title III
(1) It shall be competent to any beneficiary, in order to enforce fiduciary obligations owed to him, to exercise a right of action on the basis of the provisions of this Title.
(2) The demand may be made together with any other action available under the provisions of this Code or any other law and where such specific right of action is not exercised, the remedies contemplated herein may also be demanded by an additional application to the Court, at any time of the proceedings until the award of a final judgement by the competent court or the Court of Appeal.
(3) In the case of a fiduciary obligation undertaken solely for the achievement of a purpose and in the absence of any beneficiary, the above right of action may be exercised by any person or body granted the power to protect, supervise or enforce the purpose in the instrument creating the obligation or, in the case of an obligation undertaken by a public benefit organisation, also by the State Advocate.
Amendment history
- Amended by XXV.2019.27