Family Code > CHAPTER TWELVE MINORS 5

Section 5. Cessation of the Disability of the Minor

Article 310. - Causes.

The disability of the minor shall cease where:

(a) He attains majority; or

(b) He is emancipated.

Sub-Section 1. Emancipation

Article 311. – Marriage.

1) Where a minor is married in accordance with Article 7 (2) of this Code, he shall be emancipated by the sole fact of such marriage.

Article 312. - Explicit Emancipation.

1) Where a minor has attained the age of fourteen years, his guardian or his tutor or any interested person may apply to the court for his emancipation.

2) The court may decide to emancipate the minor after considering his conditions, the reasons applied for, and where it finds that the emancipation is in the best interest of the minor.

Article 313. – Effects.

An emancipated minor shall be deemed under the law to have attained majority.

Article 314. – Irrevocability.

1) Emancipation may not be revoked.

2) Emancipation resulting from marriage shall retain its effects notwithstanding that the marriage is dissolved.

3) Notwithstanding the provisions of Sub-Article (2) of this Article, the court may give a decision it thinks appropriate concerning the emancipation of the minor where it pronounces the dissolution of the marriage on the ground that the age prescribed by the law for marriage is not observed.

Sub-Section 2. - Rendering of Accounts of Tutorship

Article 315. - Principle

1) Where his functions terminate, the tutor shell render an account of his administration to his ex-ward or to the heirs of the latter.

2) He shall hand over the property which belongs to him and prepare a statement showing the rights which pertain to him and the debts to which he is bound.

Article 316. - Where there is no Inventory.

1) Where the tutor has failed to draw up an inventory when he assumed his functions, or when a succession has devolved on the minor, the minor may prove, by any means of which property his estate or such succession or donation consists.

2) Unless the contrary is proved, a certain property shall be deemed to have pertained to the minor where witnesses make an attestation to this effect.

Article 317. - Approval of Accounts.

1) The approval of the accounts of the tutorship given by the ward may be revoked by him within one year after it has taken place, so long as the ward has not attained the age of eighteen years.

2) The same shall apply to the exemption from rendering accounts granted by the ward to the tutor.

3) The provisions of Sub-Art (1) and (2) may not be invoked by the heirs of the minor who have attained majority when they themselves have approved the accounts of the tutor or exempted the tutor from rendering accounts.

Article 318. - Limitation

1) Any action of the minor, his representatives or his heirs against the tutor, based on the liability of the latter and relating to acts of the tutorship shall be barred if it is not instituted within five years following the cessation of the functions of the tutor.

2) The minor shall retain the right to claim the restitution of his property even after the expiry of the time specified in Sub-Art. (1) of this Article

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