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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 146Death, etc. of one of the parents.

Sub-title I

In forceOfficial text

(1) In the event of the death of one of the parents, parental authority shall vest solely in the surviving parent in respect of his or her children and their property, including property devolving on the children from the property of the deceased parent and from any other cause after the death of the predeceased parent.

(2) The provisions of sub-article (1) of this article shall also apply where one of the parents has forfeited or been deprived of parental authority, or cannot, because of absence or other impediment, exercise the rights of parental authority.

(3) If either of the parents is deprived of the right of usufruct only, such right shall vest in the other parent alone.

(4) Where one parent is deprived of the usufruct, the fruits of such usufruct shall not be comprised in any community of acquests subsisting between that parent and the parent who has not been so deprived.

Amendment history
  • Amended by XXI.1993.59