Слике страница

rator ad bona, is appointed by the judge, who is bound to appoint the person designated to him by the minor, if such person has in every other respect the necessary qualifications.

ART. 365.—The curator ad litem may be appointed generally for all the concerns of the minor, or specially for some particular case.

In both cases the curator ad litem is bound only to take such an oath as that of an under tutor, but not to give security. The duties of a curator ad litem, specially appointed, are at an end, when the business for which he has been appointed is terminated. But the curator ad litem appointed generally cannot be removed but for some just cause; and his functions as well as those of the curator ad bona, continue until the time of the majority or emancipation of the minor.

ART. 366.—The minor who has arrived at the age of puberty, and who is not emancipated, cannot appear in a court of justice without the intervention of a curalor ad litem; and if he shall have none, it is the duty of the judge to appoint one for him, in order that the proceedings may be regular.


Of Emancipation. ART. 367. -The minor is emancipated of right by marriage.

ART. 368.- The minor who is married, can not only appear in court without the assistance of a curator, but can authorise his wife to appear therein.

ART. 369.—The minor, although not married, may be emancipated by his father, or if he has no father, by his mother, when he shall have arrived at the full age of fifteen years.

This emancipation takes place by the declaration to

that effect of the father or mother, before a notary public in presence of two witnesses.

ART. 370.-The orphan minor may likewise be emancipated by the judge ( but not before he has arrived at the full age of eighteen years ) if the family meeting called to that effect, be of opinion that he is able to administer his property.

The emancipation may be petitioned for, either by a relation of the minor, or by the minor himself.

ART. 371.-The minor may be emancipated against the will of his father and mother, when they ill treat him excessively, refuse him support, or give him corrupt examples.

ART. 372.- The account of the tutorship or curatorship must be rendered to the emancipated minor assisted by a curator ad hoc, who shall be assigned to him by the judge.

ART. 373. The minor who is emancipated has the full administration of his estate, and may pass all acts which are confined to such administration, grant l'eases, receive his revenues and monies which may be due to him, and give receipts for the same.

ART. 374.-He cannot bind himself legally by promise or obligation for any sum exceeding the amount of one year

of his revenue. ART. 375.-The minor who is emancipated, has no right to claim a restitution on the plea of mere lesion against acts of simple administration.

He has no right either to claim a restitution for mere lesion against obligations or promises which do not exceed the amount of one year of his revenue.

If however he has contracted in the same year, towards one or more creditors, several obligations, each of which does not exceed the amount of one year of his revenue, but which together exceed that amount, these obligations may be reduced according to the discretion of the

judge, whose duty it shall be in such case, to take into consideration the estate of the minor, the probity or dishonesty of the persons who have dealt with him, and the utility and inutility of the expences.

ART. 376.— The emancipated minor can neither alienate, affect nor mortgage his immoveables or slaves without the authority of the judge, which can only be granted with the advice of a family meeting, and in case of absolute necessity or of a certain advantage. .

ART. 377.—The emancipated minor has no right to dispose of his moveables or immoveables by donation inter vivos unless it be by marriage contract in favor of the person to whom he is to be married.

ART. 378.-The minor, who is emancipated otherwise than by marriage, cannot appear in courts of justice without the assistance of a curator ad litem, who is to be appointed for him specially by the judge for that purpose.

ART. 379.-The emancipated minor who is engaged in trade, is considered as having arrived to the age of majority, for all the acts which have any relation to such trade.

ART. 380.-The emancipation, whatever be the manner in which it may have been affected, may be revoked, whenever the minor contractsengagements which exceed the limits prescribed by law.

ART. 381.–The revocation of emancipation place the minou under the same authority to which he was subject previous to his being emancipated.

But if he has been emancipated against the will of his father and mother, for excessive ill treatment, rcfusal to support him , or corrupt examples given him, another curator shall be appointed in the manner provided by law.


Of Persons Insane, Idiots and other Persons

incapable of administering their estates.


Of the Interdiction and Curatorship of persons inca

pable of administering their estates, whether on account of insanity or of some other infirmity.

ART. 382.-No person above the age of majority, who is subject to an habitual state of madness or insanity, shall be allowed to take charge of his own person or to administer his estate, although such person shall, at times, appear to have the possession of his reason.

ART. 383. Every relation has a right to petition for the interdiction of a relation; and so has every husband a right to petition for the interdiction of his wife, and every wife of her husband.

ART. 384.-If the insane person has no relations and is not married, or if his relations or consort do not act, the interdiction may be sollicited by any stranger, or pronounced ex officio by the judge, after having heard the counsel of the person whose interdiction is prayed for, whom it shall be the duty of the judge to name, if one be not already named by the party.

ART. 385.-Every interdiction shall be pronounced by the judge of the parish of the domicil or residence of the person to be interdicted.

ART. 386.—The acts of madness, insanity or fury, must be proved to the satisfaction of the judge, that he may be enabled to pronounce the interdiction, and his proof may be established as well by written as by parole evidence ; and the judge may moreover interrogate or cause to be interrogated by any other person commis

sioned by him for that purpose, the person whose interdiction is petitioned for, or cause such person to be examined by physicians, or other skilful persons, in order to obtain their report upon oath on the real situation of him who is stated to be of unsound mind.

ART. 387.- Pending the issue of the petition for interdiction the judge may, if he deems it proper appoint for the preservation of the moveable, and for the administration of the immoveable estate of the defendant, an administrator pro tempore.

ART. 388.-Every judgment, by which an interdiction is pronounced, shall be provisionally executed, notwithstanding the appeal.

ART. 389.-In case of appeal, the appellate court may, if they deem it necessary, proceed to the hearing of new proofs and question or cause to be questioned, as above provided, the person whose interdiction is petitioned for, in order to ascertain the state of his mind.

ART. 390.-On every petition for interdiction, the costs shall be paid out of the estate of the defendant, if he shall be interdicted, and by the petitioner, if the interdiction prayed for shall not be pronounced.

ART. 391.-Every sentence of interdiction shall be published three times, in at least two of the newspapers printed in New-Orleans, or made known by advertisements at the door of the court house of the parish of the domicil of the person interdicted, both in the French and English languages, and this duty is imposed upon him who shall be appointed curator of the person interdicted, and shall be performed within a month after the date of the interdiction , under the penalty of being answerable for all damages to such persons as may, through ignorance, have contracted with the person interdicted.

ART. 392. —No petition for interdiction, if the same shall have once been rejected, shall be acted upon again, unless new facts, happening posterior to the sentence shall be alleged.

« ПретходнаНастави »