Civil Code TITLE II CAPACITY OF PERSONS Chapter 4. Persons interdicted by law

Chapter 4. Persons interdicted by law

Art. 380. Definition.

 

(1)    A person interdicted by law is one from whom the law withdraws the administration of his property, as a consequence of a criminal sentence passed on him.

(2)    The cases in which a person is to be considered as interdicted by law are determined by penal laws.

 

Art. 381.- Rules governing interdiction by law.

 

Without prejudice to the provisions of the following Articles the rules governing the interdiction by law shall be the same as those of judicial interdiction.

 

Art. 382.- No guardian.

 

A person interdicted by law has no guardian.

 

Art. 383.- Tutor.- 1. Appointment.

 

(1)    The administration of the property of a person interdicted by law shall be entrusted to a tutor appointed by the court.

(2)    The tutor appointed by the court may be replaced at his own request or at the request of the spouse or a relative of the interdicted person or at the request of the public prosecutor.

 

Art. 384.- 1. Voluntary nature of office.

 

(1)    The acceptance of the office of tutor of a person interdicted by law is optional.

(2)    A person who has accepted such office may not request to be replaced except for  a just reason to the satisfaction of the court.

(3)    His request shall be allowed where he has held such office for five years or more.

 

Art. 385.- Family council.

 

The powers conferred on the family council in the case of judicial interdiction shall, in the case of interdiction by law, e exercised by the court,

 

Art. 386.- Acts performed in the exercise of family rights.

 

(1)    The person interdicted by law may contract marriage or acknowledge an illegitimate child.

(2)    He may also ask for a divorce or disown a child.

(3)    His tutor may not perform such acts in his name.

 

Art. 387.- Nullity of acts of interdicted person.

 

(1)    Judicial acts performed by a person interdicted by law in excess of his powers shall be of no effect.

(2)    The nullity thereof may be required by the interdicted person, the person with whom he has contracted or the public prosecutor, as though the subject matter of the act performed were illicit.

 

Art. 388.-   Termination of interdiction.

 

The interdiction by law shall come to an end when the person interdicted by law has undergone the punishment for the duration of which the disability was to last.

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