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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 752Substitution in the case of minors, of persons with a mental disorder or other condition, which renders them incapable of managing their own affairs, or insane persons.

Sub-title I

In forceOfficial text

(1) It shall be lawful for any one of the spouses, the other ascendants, the uncle or aunt, brother or sister, to substitute a third party in the place of a minor in the event of the latter dying without issue, before attaining the age of eighteen years, but only with regard to the property in which such minor shall have been instituted heir or appointed legatee.

(2) It shall also be lawful for any of the said persons to substitute a third party in the place of any person with a mental disorder or other condition, which renders him incapable of managing his own affairs or insane person, in regard to such property only as they shall have devised to him, in the event of his dying with the mental disorder or other condition, whilst still incapable of managing his own affairs, or in a state of insanity, without issue.

(3) Any substitution referred to in this article, if made by any one of the parents or any other ascendant by whom a share of the reserved portion is due to the heir-institute or legatee, may only include such portion of the property as the minor, on attaining majority, or the insane person, or person with a mental disorder or other condition, if of sound mind at the time of his death, could dispose of.

Amendment history
  • Amended by XXIII.2017.71