Art. 192.- Rule of capacity.
Every physical person is capable of performing all the acts of civil life unless he is declared incapable by the law.
Art. 193.- General disabilities.
General disabilities depend on the age or mental condition of persons or on sentences passed upon them.
Art. 194.- Special disabilities.
(1) Special disabilities may be prescribed by reason of the nationality of persons or of the functions exercised by them.
(2) They shall be as provided by Chapter 5 of this Title (Arts. 389-393) and by special laws.
Art. 195.- Voluntary restrictions.
(1) No person may renounce, even partially, the enjoyment or the exercise of civil rights.
(2) Any voluntary restriction imposed on the enjoyment or on the exercise of such rights shall be of no effect unless it is justified by a lawful interest.
Art. 196.- Proof of disability.
(1) Capacity is presumed.
(2) Any person who alleges the disability of a physical person shall prove that such person is under a disability.
Art. 197.- Bodies corporate and property with a specific destination.
The capacity of bodies corporate and property with a specific destination shall be regulated, according to their nature, by the provisions applicable to them,
Art. 198.- Definition.
A minor is a person of cither sex who has not attained the full age of eighteen years.
Art. 199.- Disability of minors.
(1) A minor, as regards the proper care of his person, shall be placed under the authority of a guardian, whom he shall obey.
(2) I matters concerning his pecuniary interests and the administration of his property, a minor shall be represented by a tutor.
(3) The minor may not perform judicial acts except in the cases provided by law.
Art. 200.- Proof of age.- 1. Principle.
(1) The age of a person shall be established by his record of birth.
(2) In the absence of a record of birth, the age may be established by producing an ac t of notoriety signed by reliable witness.
Art. 201. 2. Proof to the contrary.
(1) The court may authorize the proof against the particulars in the record of birth where there are serious indications which put in doubt the accuracy of the particulars in the record.
(2) An appeal shall lie against a decision of a court, disallowing the proof against the particulars of the record of birth.
(3) The act of notoriety may be freely challenged by producing reliable witnesses.
Art .202 3. Proof of judicial decision.
(1) Where an act of notoriety is challenged or the proof against the particulars in the record of birth is authorized, the court shall for the solution of the controversy which is submitted to it, determine the age of the person.
(2) For this purpose, it may order that all the measures required for forming its conviction be taken.
Art. 203. 4. Appeal.
(1) An appeal shall lie against a decision of a court of first instance, ordering or refusing to order in this regard a measure to elucidate the case.
(2) The same shall apply to a decision of a court which determines the age of the person.
Art. 204. Authority of parents.
The father and the mother are, during their marriage, jointly guardians and tutors of their minor children.
Art. 205.- Default of one of the parents.
(1) In case of death, disability, unworthiness or removal of one of the parents the one who remains shall alone exercise such functions.
(2) The mother shall exercise such functions where the father of the child is unknown.
Art. 206.- Divorce of parents.
(1) in case of divorce of the father and mother, the tutor and the guardian of the child shall be appointed by the family arbitrators.
(2) The surviving father or mother shall not as of right requires the exercise of such functions where his or her divorced spouse dies.
Art. 207.- Testamentary guardian or tutor.-1 Principle.
(1) The surviving father of mother of a minor may, by a last will, stipulate who shall be guardian or tutor of the child after his or her death.
(2) The surviving spouse may restrict the powers of the guardian or tutor or subject the exercise of such powers to specified conditions.
(3) He may stipulate that one or more specified person may not be appoint as guardian or tutor of the child.
Art. 208.- 2. Condition for appointment.
The right refereed to in Art. 207 shall appertain to the father or mother of the minor only where he or she exercised during his or her lifetime the functions of guardian of the child, or where he or she had been relieved of such functions at his or her request.
Art. 209.- 3. Application to the court.
The restrictions or conditions imposed by the father or the mother on the powers of the guardian or tutor may, where the interest of the minor so requires, be revoked or modified by the court.
Art. 210.- Relatives called to exercise such functions.- 1. Order to be followed.
Where the child no longer has his father and mother, and in default of a valid appointment made by the survivor, the functions of guardian and tutor of the child shall devolve, by virtue of the law, on the following persons:
(a) the paternal grandfather and, in his default, the paternal grandmother of the child; or
(b) in their default, the material grandfather and, in his default, the maternal grandmother of the child; or
(c) in their default,. The eldest paternal uncle or paternal aunt of the child; or
(d) in their default, the eldest maternal uncle or maternal aunt of the child; or
(e) in their default, the youngest granduncle or grandaunt of the child.
Art. 211.- 2. Possible modification of such order.
(1) Any relative of the child by consanguinity or by affinity may apply that the functions of guardian or tutor of the child be accorded to him and not to the person who should perform such functions by virtue of Art. 210.
(2) Such application shall be made to the family council, if the interested persons are in agreement, or, in other cases, to the court, within two months from the day on which the legal guardian or tutor has been vested with his functions.
(3) The application shall be allowed or dismissed having regard solely to the interest of the minor and after the interested parties have been heard and the opinion of the family council has been obtained, where appropriates.
Art.212.- When there is no relative enabled in terms of law.
(1) where by applying the preceding Articles, a child remains without a guardian and without a tutor, the relative functions devolve on such person as shall be appointed by the court.
(2) The court may take cognizance of the matter of its own motion or on the application of any interested party whether he be a relative of the minor or not.
(3) The authority who has such obligation by virtue of the law shall lay the matter before the court.
Art. 213.- Appointment by the court.- 1. Relative of the minor by consanguinity or
The court shall appoint, as far as possible, as guardian and tutor a near relative of the minor, by consanguinity or by affinity, fit to perform such functions and willing to perform them.
Art. 214.- 2. Institution of assistance.
(1) The functions of guardian or of tutor may, where necessary, be entrusted by the court t an institution of assistance.
(2) The management of the institution shall in such case delegate one of its members to exercise such functions.
Art. 215.- Assimilated cases.
(1) For the purposes of the proceeding Articles, a person shall be deemed t be dead where he is not in a position to exercise the functions of guardian and tutor for any legal or material reason.
(2) The family of origin of a child who has been adopted shall not be taken into consideration.
Art. 216.- Identity of guardian and of tutor.
(1) A s a rule, the person to whom the care of the person of the minor has been entrusted hall at the same time be his tutor.
(2) The appoint of a guardian or of a tutor of the child, made by the surviving father or mother or by the court shall apply to both functions, unless the contrary results from the circumstances of the case.
Art. 217.- Right given to father and mother.
The father or the mother may, where they think fit, appoint a tutor to the child, reserving t themselves the functions of guardian.
Art. 218.- Right given to the court.
The court may for good cause appoint as tutor a person other than the guardian, where it has the right to make such appointment.
Art. 219.- Co-tutor.
(1) The administration of certain property of the minor may be entrusted to a co- tutor appointed by the court.
(2) Where property is donated or bequeathed to the minor, the donor or testator may appoint a co-tutor who shall be entrusted with the administration of such property during the minority of the done or legatee.
(3) The same right may be exercised by the father or mother or other ascendants of the child in regard to the property which the minor shall receive from their succession.
Art.220.- Tutor “ad hoc”. -1. Conflict of interest between tutor and minor.
(1) Where there is conflict of interest between the tutor and the minor, a tutor “ad hoc” shall be appointed to the latter by the court.
(2) The appointment of a tutor “ad hoc” shall be made on the applications of the tutor or any member of the family council.
(3) The assistant tutor, if any, shall be vested by virtue of the law, with the function of tutor “ad hoc”.
Art. 221.- 2. Conflict of interests of several minors.
(1) The provisions of Art. 220 shall apply where there is a conflict between the interests of several minors of whom the tutor is the common representative.
(2) The conflicting interests shall in such cases be settled between the tutor and the tutor “ad hoc”.
Art. 222.- Commencement of functions.
(1) The functions of guardian and of tutor shall commence from the appointment of the guardian or the tutor by virtue of the law or by the court.
(2) No liability shall be incurred by the guardian or tutor so long as he is not aware of the circumstances under which such functions devolve on him.
Art. 223.- Compulsory nature of functions.
The functions of guardian or tutor of the minor are compulsory for the person who is vested with them.
Art. 224.- Application for exemption.
(1) A person may apply to the court to be exempted from such functions if the performance thereof entails for him particulars difficulties or inconveniences.
(2) The guardian and the tutor may on the same conditions apply to be relieved of the functions assumed by them.
Art. 225.- Legal exemptions
The following persons shall be exempt from the functions of guardian or of tutor, upon a mere declaration on their part, except as regards their own children;
(a) women; and
(b) any person who has completed his sixty-fifth year; and
(c) any person who has four minor children; and
(d) soldiers in active service; and
(e) public officials who have to live abroad by reason of their office.
Art. 226. Obligations to exercise such functions provisionally.
(1) The guardian or tutor who puts forward an objection of a case of exemption shall exercise his functions until a new guardian or tutor had been appointed.
(2) The same shall apply to the guardian or tutor whose appointment is impugned.
Art. 227- Termination of functions.
(1) The functions of guardian and of tutor shall cause where the child dies or attains his majority.
(2) They shall cease where the guardian or the tutor dies or becomes in capable or unworthy or is removed.
(3) They shall cease where a new guardian or tutor is appointed to the minor.
Art. 228.- Incapacities, -1 Minor.
A minor is incapable of exercising the functions of guardian or of tutor except as regards his own children.
Art. 229.- 2. Judicially interdicted person.
(1) A person is incapable of being guardian or tutor of a minor it he is under a judicial interdiction.
(2) Where a person during the exercise of such functions is judicially interdicted his tutor shall without delay inform the person who, by virtue of the law, is to replace the interdicted person in those functions.
(3) In default of such person, he shall apply to the court
Art. 230.- Unworthiness.
(1) A person may be declared by the court unworthy of exercising functions of guardian or tutor, where he is sentenced for a criminal offence to a punishment restrictive of personal liberty or to capital punishment.
(2) The court may, in passing such sentence, declare the unworthiness of the convicted person to the extent which it thinks fit, having regard tot eh circumstances.
Art. 231.- Removal. 1.- Guardian.
(1) The guardian of a minor may be removed by the court where the minor does not receive the care which his condition requires, a morally sound education or an instruction which accords with his disposition.
(2) For this purpose, regard shall be had to the environment in which the guardian lives and all the circumstances of the case.
(3) The guardian may in particular be removed by the court where the minor has committed a criminal offence and it appears that his behavior is due to bad education or to lack of education on the part of his guardian.
Art. 232. 2. Tutor
The tutor may be removed by the court, where it appears that he administers badly the property of the minor, or where he does not comply with the directions validly given to him by the father or the mother of the child by the family council, or where his insolvency has been judicially established.
Art. 233.- 3 Removal of ascendants
(1) The court shall declare only with extreme caution the removal of the mother or of the father or of the mother or off the father or of the other ascendants as guardians or tutors of their children or descendants.
(2) The court may at any time vary its decision on the application of the person who has been removed.
Art. 234.- 4. Procedure.
(1) An application for the removal of the guardian or of the tutor may be made by any relative of the minor, by consanguinity or by affinity, or by the public prosecutor.
(2) Before declaring the removal of the guardian or tutor, the court shall enable the letter to give his reasons whenever this is possible without casing serious danger to the person or property of the minor.
(3) Whenever the court removes the guardian or the tutor it shall proceed to appoint another in is place.
Art. 235.- Duties and powers of the court
Where the court is to appoint or to remove a person as guardian or tutor of a minor it shall before making its decisions consult, insofar as it is possible, the family council of such minor.
Where it thinks fit, it may hear the minor himself.
The court shall decide having regard solely to the interest of the minor and without being bound by the information which it has obtained.
Art. 236.- Tutor may be remunerated.
(1) The functions of guardian or tutor constitute a gratuitous office.
(2) An annual compensation may be granted to the tutor where the administration of the property of the minor takes a considerable part of his time or he is not related to the minor either by consanguinity or by affinity.
(3) Such compensation may only betaken from the income of the minor and may not exceed one third of such income.
Art. 237.- Persona nature of functions.
The functions of guardian and tutor constitute a personal office which does not pass to the heirs of the guardian or tutor.
The latter shall be liable only for the management of the person whom they succeed, within the limits specified in the Title of this Code relating to “Successions”
Art. 238.-Duites of heirs
(1) The heirs of the guardian or tutor shall without delay inform of this death the person who is by virtue of Art, 210 to replace him in such functions.
(2) In default of such person they shall apply to the court to appoint a new guardian or tutor.
(3) Until they have fulfilled their obligation under sub0art. (1) and (2) they shall remain liable to the minor and third parties.
Art. 239.- Proof of capacity of guardian or tutor.
The guardian or tutor may apply to the court to be given a document enabling him to prove his capacity where necessary.
Such document may be given to the guardian or tutor by a notary, if any.
Art. 240.- Analogy with the tutor.
The provisions of this Title relating to tutors shall apply to co-tutors and to tutors “ad hoc”.
Art. 241.- Principle
The family council of the minor shall consist of the ascendants of the .minor and of his brothers and sisters who are of age.
Where a contract of adoption has been concluded in respect of the minor only the members of his adoptive family shall be members of the family council.
Art. 242. Where there are no ascendants.
Where a minor has no direct ascendant, the oldest uncle or aunt, or in their efault the eldest granduncle or grandaunt of the minor shall be members of the family council.
Art. 243.- Divorce of father and mother.
Where the father and mother of the minor are divorced, the family council shall comprise, in addition to the persons mentioned in Arts, 241 and 242, the family arbitrators who have declared the divorce.
Art. 244.- Additional members.
(1) The father of the minor may, by a last will, stipulate that one or two specified persons shall be members of the family council of his minor child.
(2) The mother of the minor shall have the same right.
Art. 245.- Exclusion of members.
The father or the mother of a minor may, by a last will, stipulate that one or more of their own children shall not be members of the family council of their brother of sister who is a minor.
Art. 246.- Appointment of additional members.
(1) Where the family council of the minor, composed as provided in the preceding Articles, does not comprise four members, it shall he completed by calling such persons as take an interest in the minor, whether they be his relative or not.
(2) Such persons shall be appointed by the members of the family council where these are at least two in number.
(3) In other cases, or in default of unanimous agreement between the members of the family council, such persons shall be appointed by the head of the commune where the minor resides, without prejudice to an application to the court by any interested party.
Art. 247.- Meetings by virtue of the law.
The family council shall meet by virtue of the law forty days after the death of the surviving father or mother of the minor, unless it has met before such date.
Art. 248.- Convocation of council.
The family council shall meet whenever it is convened by the guardian or tutor of the minor or by the court.
It may also be convened by the assistant tutor.
Where no assistant tutor has been appointed, any member of the family council may convene it.
Art. 249.- Time.
A reasonable time shall be granted to enable the members of the family council to take part in the meeting.
Art.250- Order of the day.
(1) The convocation of the family council shall be accompanied by an order of the day, showing the matter or matters on which a decision and a vote of the council are required.
(2) The first family council which meets after the death of the surviving father or mother of the minor shall e provisions examine in a general manner the condition of the minor and take in accordance with the provisions of the following Articles such measures falling within its jurisdiction as it thinks fit.
Art. 251.- Meeting place.
The family council shall meet at the place where the minor had his principal residence at the time of the death of his surviving father or another.
The court may on the application of the guardian or tutor of the child authorize for good cause the convocation of the family council in an other place.
Art. 252.- Expenses.
All expenses arising from the convocation and meeting of the family council shall be borne by the members of such council.
Art. 253.- Consultation by letter.
The tutor may, without convening the family council, seek by latter the advice of each of the members of such council on a particular matter whenever he thinks fit.
Art. 254.- No representation of members.
(1) Members of the family council who are prevented from attending the meeting may express their opinions or may vote in writing.
(2) They may not send a representative to the meeting of the council.
Art. 255.- Majority required.
The decisions of the family council shall be taken by an absolute majority of votes of the members of the council, whether these are present or not at the meeting.
They shall be recorded in a minute signed by the members of the family council.
For the validity of a decision it suffices that the minute be signed by the majority who approves it.
Art. 256.- Position of guardian and tutor.
(1) The guardian and the tutor of the minor shall be present at the deliberations of the family council, even if they are not members thereof.
(2) In the latter case, they may only tender their advice at the deliberations of the council.
Art. 257.- Position of minor.
Unless otherwise decided by the family council, the minor shall not attend the deliberations of the family council.
Art. 258.- Substitution of court for council.-1 Failure to reach majority.
Where no majority can be reached in the council, owing to the absence or disagreement of its members, the decision which the council could not take shall be taken by the court.
The matter may be laid before the court by the guardian or by the tutor of the minor.
The matter may also be aid before the court by the assistant tutor or, in default of an assistant tutor, by any member of the family council.
Art. 259.- 2. Urgency.
The court may, on the application of the same persons, take a decision instead of the family council, where it is difficult to hold a meeting of the latter, and there is urgent need of a decision.
Art. 260.- Appeal.
(1) An appeal shall lie to the court from the decisions of the family council, within one month after they are taken.
(2) The appeal may be lodged by the guardian, the tutor or the assistant tutor of the child, or by any member of the family council.
C. Assistant Tutor
Art. 261.- Appointment.
The family council may appoint one of its members, or a third party, to exercise the functions of assistant tutor.
Art. 262.- Supervision of tutor.
The assistant tutor shall receive the accounts of the tutor in place of the family council.
He shall assist the tutor in the performance of the acts specified by the family council.
He shall convene the family council whenever he thinks fit.
Art. 263.- Replacement of, or assistance to, tutor.
(1) The assistant tutor shall replaces the tutor, at the request of the latter, where the tutor in a particular matter has interests conflicting with those of the minor.
(2) He shall assist the tutor, at the request of the latter, where there is a conflict between the interests of several minors of whom the tutor is the common representative.
Art. 264.- Nature of office.
(1) The office of the member of the family council and of assistant tutor are compulsory, under the same reservations as those relating to the office of tutor.
(2) Such offices are gratuitous.
(3) The provisions relating to the disability and to the unworthiness who the tutor shall apply to the members of the family council and to the assistant tutor.
Paragraph 1.- Care of the person of the minor
Art. 265.- Residence of minor.
The guardian shall fix the place where the minor is to reside.
The minor may not abandon such place without the authorization of the guardian.
If he goes away from such pace without authorization, the guardian may compel him to return thereto.
Art. 266.- Health of minor.
(1) The guardian shall watch over the health of the minor.
(2) In case of sickness of the latter, the guardian shall take the necessary measures for his recovery.
Art. 267.- Education of minor.
The guardian shall direct the education of the minor.
He may inflict light bodily punishment on the minor, for the purpose of ensuring his education.
Art. 268.- Social contacts and correspondence.
(1) The guardian shall supervise the social contacts of the minor.
(2) He may cause the correspondence of the minor to be delivered to him
(3) The guardian may not, except for good causes, prohibit the child from seeing his ascendants or from corresponding with them.
Art. 269.- General and professional education.
The guardian shall ensure that the minor be given general education and as much instruction in a calling as is suitable to his abilities.
He shall conclude the contracts necessary for such education and authorize the minor to pursue a calling.
Art. 270. Income of minors-1. General case.
(1) The guardian shall receive the income of the minor and use it in the interest of the latter.
(2) He shall not be bound to render an account of such use.
Art. 271.- 2. Considerable income.
Where the income of the minor is considerable and the guardian is neither the father nor the mother of the minor, the provisions of Art. 270 (1) may be set aside by the family council.
In such cases, the family council shall fix a lump sum, which shall be given such year to the guardian out of the income of the minor, for the normal expenses of the maintenance and education of the latter.
The balance of the income of the minor shall remain in the bands of the tutor to be invested by the latter in the interests of the minor.
Art. 272.- 3. Work of minor.
(1) From the age of fifteen years onwards, the minor himself shall receive the income deriving from his work.
(2) He may freely dispose of such income bust shall contribute to his own maintenance.
Art. 273.- 4. Property donated or bequeathed.
The person who donates, bequeaths or leaves property to a minor, may order that, the income from such property shall not during the minority of the child be received by his guardian.
The provisions laid down in the contract of donation or in the will concerning the administration and the use of such income shall be complied with.
Art. 274.- . Assignment or attachment of income.
(1) The income of the minor which is not yet due may not be assigned by the guardian nor may it form the subject of an obligation under taken by the latter.
(2) It may not be attached by the creditors of the latter.
Art. 275.- Paternity.
The persona consent of the minor shall be required for acknowledging an illegitimate child.
The minor may freely revoke such acknowledgment so long as his disability lasts and during the year following the cessation of such disability, unless it has been authorized by his guardian.
Such right of revocation is strictly personal to the minor and may not be exercised by his representatives or his heirs.
Art. 276.- Exercise of authority of father and mother.- 1. Principle.
(1) Where the father and the mother of the child are both vested with the functions of guardian, the father alone shall exercise such functions.
(2) The mother shall exercise them in his stead where the father is nor in a position to manifest his will by reason of his being away or for any other cause.
Art. 277.- 2. Disputes.
The mother of the child may apply to the family arbitrators, if a dispute regarding the care of the person of the child arises between her and the father of the child.
No person other than the mother may lay such dispute before the family arbitrators.
Art. 278.- Appeal to the family council.- 1 Principle.
(1) The decision taken by the guardian of the child may be appealed from to the family council by an ascendant of the child.
(2) In default of ascendants, the appeal may be made by any member of the family council.
Art. 279.-2. Where the guardian is the father or mother.
No appear shall lie against the decision of the guardian where he is the father or the mother of the child unless:
the father and mother of the child are divorced from each other; or
the father or the mother who exercises authority on the child is remarried or keeps an irregular union.
Paragraph 2.- Administration of the property of the minor
Art. 280.- Principle.
(1) The tutor shall represent the minor in all civil matters.
(2) He shall take care of the pecuniary interests of the minor and administer his property as a “ bonus paterfamilias”
Art. 281.- Inventory and valuation of property.-1. After the tutor assumes his functions.
Within forty days from assuming his functions, the tutor shall proceed to draw up an inventory of and value the property of the minor in the presence of reliable witnesses chosen, if possible, from among the members of the family council.
Where the minor owes him anything he shall state it in the inventory under pain of losing his right thereto.
Art. 282.- 2. Succession developing on the minor.
(1) Where a succession devolves on the minor, the tutor, before accepting such succession on behalf of the minor, shall cause an inventor there of to be prepared in the presence of reliable witnesses chosen, if possible, from among the members of the family council, which inventory shall specify the value of the succession.
(2) Where anything is due to him from such succession, he shall state it in the inventory, under pain of losing his right thereto.
(3) The tutor shall be liable to the minor for any damage arising from the absence of an inventory.
Art. 283.- Property of tutor merged with that of the minor.
The tutor shall ensure that the property of the minor be not mixed with his own property.
In particular, may not deposit or cause to be deposited in his personal bank account monies belonging to the minor.
Art. 284.-Securities and articles of value to be deposited in a safe place.
Securities, articles of value, important documents and other similar things shall be deposited by the tutor in a safe place, if no inconvenience for the administration of the property of the minor results there from.
Art. 285.- Convening family council.
(1) A tutor, who is not the father or the mother, at the beginning of his management, shall convene the family council and explain to it the financial position of the minor.
(2) Until that time, the tutor shall confine himself to performing such acts of administration as are of an urgent nature.
Art. 286.- Instructions by the family council.
The family council may give to a tutor, ho is not the father or mother, instructions concerning the management of the property of the minor.
It may prohibit him from performing certain acts or it may subject the performance thereof to some given condition or authorization.
Art. 287.- Property donated, bequeathed or devolving on minor.
(1) A person who donates or bequeaths property to a minor or a person from whose succession a minor inherits property, may order that, for the administration such property, the tutor shall conform to certain rules.
(2) Where it subsequently appears that the observance of such rules is impossible or prejudicial to the minor, the tutor may apply to the court to vary them.
Art. 288.- Commercial or other enterprises.
Where commercial, industrial or other enterprises form part of the estate of the minor, the family council shall instruct a tutor, who is not the father or mother of the child, whether he should liquidate such enterprises or keep them going.
For this purpose, it shall have regard to the time for which the tutor-ship is to last and the abilities and potentialities of the tutor as well as the interests of the minor.
Art. 289.- Alienation of certain property.
(1) The tutor may alienate corporeal chattels, stocks and securities be longing to the minor.
(2) The family council may give to a tutor, who is not the father or mother of the child, instructions concerning such sale or prohibit him from effecting it.
Art. 290.- Securities to bearer.
A tutor, who is not the father or mother of the child, shall alienate securities to hearer, or convert them in registered securities, within a period of three months after they devolve or the minor.
The family council may exempt him from such duty.
Art. 291.- Debts and claims.
(1) The tutor shall pay the debts which are due by the minor.
(2) He shall receive the capital and income devolving on the minor and give receipt therefore to the person effecting payment.
Art. 292.- Investment of capitals. -1. Duty of the tutor.
The tutor shall invest capitals belonging to the minor where such capitals exceed the sum of five hundred Ethiopian dollars.
The family council may vary the amount specified in sub-art. (1)
Art. 293.- 2. Time.
(1) Capitals shall be invested within three months from the time when they are at the disposal of the tutor.
(2) The family council may vary such period.
Art. 294.- Nature of property to be acquired.
The family council may determine beforehand the kind of property which a tutor, who is not the father or mother of the child, may acquire on be half of the minor.
Art. 295.- 4. Sanction.
The tutor shall be liable to pay to the minor legal interest on the monies whish the has failed to invest.
He may be condemned to pay damages, where appropriate.
Art. 296.- Income.
(1) The tutor shall deliver to the guardian of the minor the income of the latter to be used for his maintenance and his education.
(2) Such delivery shall be made on such conditions and at such times as shall be fixed by the family council.
(3) In default of such decision, the delivery shall be made every six months at the principal residence of the guardian.
Art. 297.- Leases.
Leases made by the tutor shall be binding on the minor for not more than three years after he attains majority, unless they have been entered into with the authorization of the family council.
Art. 298.- Successions.
The tutor shall accept on behalf of the minor the successions devolving on the latter.
He may not renounce a succession devolving on the minor except with the authorization of the family council, unless such succession is notoriously insolvent.
Art. 299.- Donation or bequest.
(1) The tutor may not refuse a donation or bequest of more than five hundred Ethiopian dollars offered to the minor except with the authorization of the family council.
(2) He may not make any donation on behalf of the minor, other than small presents which may be required by custom.
Art.300.- Contracting surety ship.
The tutor may in no case sand surety for the debt of another person on behalf of the minor.
Art. 301. Compromise.
A tutor may not enter into a compromise agreement concerning the interests of the minor except with the authorization of the family council, unless the interest in dispute is less than three hundred Ethiopian dollars.
Art. 302.- Contracts between tutor and minor.
(3) A tutor may not buy or take on lease the property of the minor nor may he conclude any other contract with the minor, except with the authorization of the family council.
(4) He may not accept the assignment of any right or claim against the minor except with the authorization of the family council.
Art. 303.- Loans.
The tutor may not contract any loan on behalf of the minor except with the authorization of the family council.
Art. 304. – Consultation of minor.
(1) Where a minor is capable of discernment and at least fifteen years old, he shall as far as possible be consulted on all the important acts concerning him.
(2) The consent of the minor shall not relieve the tutor of his liability.
Art. 305.-Authorization to act given to the minor,-1 Principle.
(1) The tutor may authorize the minor to conclude alone those contracts which, considering his age and his financial position, are to be regarded as acts of everyday life.
(2) Such authorization may be tacit.
Art. 306.- 2. Acts of every day life.
(1) An act may in no case be regarded as an act of everyday life where for its conclusion the law requires the authorization of the family council.
(2) Nor may an act be ever regarded as an act of everyday life where it entails on the minor an expense or obligations the value of which exceeds one hundred Ethiopian dollars.
Art. 307. -3. Effect with regard to the tutor.
The tutor shall stand surety, in favour of third parties, for the obligations which the minor has assumed with his authorization.
Art. 308.- Will.
(1) The tutor may not make a will on behalf of the minor.
(2) A minor may make a will alone when he attains the age of fifteen years.
(3) The will made before he has attained such age shall be of no effect. Notwithstanding that the minor has not revoked it after having attained the age of fifteen years.
Art. 309.- Marriage contracts.
(1) The consent of the minor and of the person mentioned in Art. 562 of this Code shall be required for the marriage of a minor.
(2) The person mentioned in Art 562 of this Code may give his consent through a representative.
(3) No proof of the power of representation shall be required where the representative is himself one of the persons mentioned in Article 562 of this Code.
Art. 310. Expense of management.
The tutor has the right to the refund of the expenses which he incurs in connection with the management of the interests of the minor.
Art. 311.- Rendering of accounts of management.
(1) In the course of the tutorship, the tutor shall render any account of his management to the family council on such conditions and at such times as shall be fixed by the latter.
(2) The father and the mother of the minor are exempt from such obligation when they exercise the functions of tutor.
(3) They may exempt there from the tutor appointed by them.
Art. 312.- Reference.
The provisions of Art. 277-280 of this Code shall apply to tutorship and to appeals against the decisions of the tutor.
Art. 313.- Principle.
Juridical acts performed by the minor in excess of his powers shall be of no effect.
Art. 314.- Application for nullity.
(1) The nullity of such acts may be applied for only by the minor, his representative or his heirs.
(2) Without prejudice to the provisions of the following Articles, the rules relating to nullity of contracts on the ground that the consent has been given by mistake shall apply to such cases.
Art. 315.- Good faith of person contracting with minor.
Contracts entered into by a minor shall be valid where the other contracting party could in good faith believe that the minor had received the authorization to conclude them and he has not taken advantage of the inexperience of the minor.
Art. 316.- Payments.
(1) Where it is proved that the minor has benefited thereby, payments made to a minor shall be valid to the extent of the enrichment which remains to his benefit on the day when the action of nullity is instituted.
(2) In other cases, such payments shall be null but the minor is not bound to make repayment.
Art. 317.- Extra-contractual liability and unlawful enrichment- 1. Principle.
The provisions of the Title of this Code relating to extra-contractual liability and unlawful enrichment shall apply to the extra-contractual liability of the minor and to the unlawful enrichment he may have derived. (Art. 2027-2178).
Art. 318.- 2. Mere statement of majority.
(1) The mere statement made by a minor that he is a major shall not deprive him of the right of availing himself of his minority.
(2) Such statement shall not amount to a fault entailing his extra-contractual liability.
Art. 319.- Acts regularly performed.
(1) Acts performed by the tutor, within the limits of his powers, or with the necessary authorizations, may not be impugned by alleging that they have been performed for a minor.
(2) They shall be binding on the minor as through he had performed them himself, being a major.
(3) They shall not be binding on the tutor personally, saving an explicit undertaking on his part or in the cases provided by law.
Art. 320.- Violation of legal provisions.
(1) Acts performed by the tutor in violation of legal provisions shall be subject to the provisions of the Title of this Code relating to Agency in the cases in which a representative has exceeded his powers.
(2) The same shall apply to acts which the tutor has performed without the authorization of the family council, where such authorization is required bay law.
(3) The same shall apply also to acts performed by the tutor with the authorization of a family council irregularly composed or which ahs deliberated irregularly.
Art. 321.- Violation of instructions not laid down by law.
(1) The fact that the tutor has acted contrary tot eh instructions of the family council may not be set up against third parties unless they have or should have known, in due time, the limitations imposed by the family council on the powers of the tutor.
(2) The same shall apply to those limitations imposed on the powers of the tutor by a person who has donated, bequeathed or left property to the minor.
(3) The burden of proof of the bad faith of third parties shall lie with the person involving the nullity of the act.
Art. 322.- Co-tutor and tutor and hoc.
The provisions of the preceding articles shall apply to the co-tutor and to the tutor ad hoc.
Art. 323.- Tutors.
(1) The tutors shall be liable for the damage which may be caused to the minor through his negligence, mismanagement or the fact that he has not obeyed the instructions given to him by the family council or the fact that he has acted in a case where his interests were in conflict with those of the minor.
(2) Except in the case of fraud, he shall not be liable where he has acted in conformity withy the instructions given to him by the family council.
(3) The provisions of this Article shall apply to the co-tutor and to the tutor ad hoc.
Art. 324.- Assistant tutor.
The assistant tutor shall be jointly and severally liable with the tutor, as regards condemnations, unless the can show that he has committed to fault.
Art. 325.- Tutor of fact.
(1) Any person who, without being a tutor, performs the functions of tutor, shall be liable for his management of affairs.
(2) The tutor shall be jointly and severally liable in respect of the condemnations passed upon such person.
Art. 326. Husband of a tutrix.
The husband of a tutrix shall be jointly and severally liable in respect of the condemnations passed on her, by reason of facts which are connected with the tutorship and which have occurred during the marriage.
Art. 327.- Member of family council.
(1) Members of the family council shall incur no liability by reason of their functions, expect in the case of fraud.
(2) However, by signing the minute of the meeting of the family council, they guarantee that it has been convened and that it has deliberated in conformity with the law.
Art. 328.- Causes
The disability of the minor shall cease on his attaining majority or being emancipated.
Art. 329.- Marriage.
A minor shall be emancipated as of right by marriage.
Art. 330.- Explicit emancipation. 1. Conditions.
(1) A minor may be emancipated when he has attained the age of fifteen years.
(2) A decision of the family council shall be required for this purpose.
Art. 331. 2. Application.
The decision of the family council whereby the minor is emancipated may be taken on the application of the minor himself or of one of his ascendants or of his guardian or of his tutor.
Art. 332.- 3.- Inadmissibility of application.
The family council may not grant the emancipation where the minor has his father and mother, unless at least one of them expressly aggress to the emancipation.
Art. 333.- Effects.
An emancipated minor shall be deemed under the law to have attained majority in all that concerns the care of his person and the management of his pecuniary interests.
Art. 334. Irrevocability.
(1) Emancipation may not be revoked.
(2) Emancipation resulting from marriage shall retain its effects notwithstanding that the marriage is dissolved.
(3) The court may give a decision to the contrary, where it pronounces the dissolution of the marriage on the ground that one of the spouses had not attained the age prescribed by the law for marriage.
(1) Where his functions terminate, the tutor shall render an account of his administration to his ex-ward or to the heirs of the latter.
(2) He shall hand over to him the property which belongs to him and prepare for him a statement showing the rights which pertain to him and the debts to which he is bound.
Art. 336.- 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 all means of which property his estate or such succession consist.
(2) Unless the contrary is proved, property shall be deemed to have pertained to the minor where reliable witnesses make an attestation to this effect.
Art. 337.- 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-arts. (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.
Art. 338.- 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) Upon the expiry of the above period, the minor shall retain the right to claim the restitution of his property or to institute an action based on unlawful enrichment.
Art. 339.- Definition.
(1) An insane person is one who, as a consequence of his being insufficiently developed or as a consequence of a mental disease or of his senility, is not capable to understand the importance of his actions.
(2) Persons who are feeble-minded, drunkards or habitually intoxicated, and persons who are prodigals shall in appropriate cases be assimilated to insane persons.
Art. 340.- Infirm persons.
Deaf-mute, blind persons, and other person who, as a consequence of a permanent infirmity are not capable to take care of themselves or to administer their property any invoke in their favour the provisions of the law which afford protection to those who are insane.
Art. 341.- Notorious insanity. – 1. An insane person who is an inmate of an institution.
A person shall be deemed by law to be notoriously insane where by reason of his mental condition, he is an inmate of a hospital or of an institution for insane persons or of a nursing home, for the time for which he remains an inmate.
Art. 342.- 2. Rural communes.
In communes of less than two thousand inhabitants, the insanity of a person shall be deemed to be notorious, where the family of that person, or those whit whom he lives, keep over him a watch required by his mental condition, and where his liberty of moving about is, for that reason, restricted by those who are around him.
Art. 343.- Judicial acts of notoriously insane person.-1 Principle,
(1) Juridical acts performed by a person at the time and in a place in which his state of insanity was notorious, may be impugned by that person, by his representatives or by his heirs.
(2) The same shall apply to juridical acts performed by a person where the infirmity which renders such person unfit to take care of himself and to administer his property is apparent.
Art. 344.- 2. Practices.
(1) Unless the contrary is proved, the consent of such person shall be deemed to be affected by a defect which brings about its nullity.
(2) The provisions of this Code relating to he annulment of contracts on the ground of error shall apply in such case (Art. 1696-1703)
Art. 345- Liability incurred. -1 Principle.
An insane person shall be liable for the damage caused to third parties in good faith by the nullity of contracts they have concluded with him.
Art. 346.- 2. Proof.
(1) The good faith of third persons shall be presumed, saving proof to the country.
(2) In the case provided in Art. 342 of this Code, a third person shall be deemed to be in bad faith, notwithstanding any proof to the contrary, where he lives in the same commune as the insane person or in an adjacent commune.
Art. 347.- Persons whose insanity is not notorious.
(1) Judicial acts performed by a person may not be impugned on the grounds of his insanity where his condition is not notorious.
(2) The insane person may not obtain the annulment of such acts unless he can show that, at the time he performed them, he was not in a condition to give a consent free from defects.
Art. 348.-Heirs and creditors. -1. Principle.
The heirs and the creditors of a person whose insanity is not notorious may not demand an annulment of an act performed by that person by alleging that, on account of his insanity, he could not give to such act a consent free from defects.
Art. 349.- 2. Exceptions.
(1) The provisions of Art. 348 shall not apply where the mental infirmity of the person who performed the act results from the contents of the act itself.
(2) They shall not apply where the interdiction of the person who performed the act been demanded, notwithstanding that the demand is made after the act in question, unless the person who performed the act dies before the application for interdiction is decided on.
Art. 350.- Extra-contractual liability.
(1) A notoriously insane person shall be extra- contractually liable as though he were of sound mind (Art. 2027-2161).
(2) An insane person shall be bound as though he were of sound mind, by obligations resulting form any unlawful enrichment derived by him (Art. 2162-2178).
Art. 351.- Judgment of interdiction.
(1) The court may pronounce the interdiction of an insane person where his health and his interest so require.
(2) The interdiction may also be pronounced in the interest of the presumptive heirs of the insane person.
(3) It may also be pronounced in the case of a person who is unable through permanent disability to govern himself or to administer his estate (Art. 340.)
Art. 352.- Declaration of notoriety of insanity.
(1) Where the court pronounces the interdiction of a person, it may declare that the insanity of such person was publicly known since such date as may be fixed in the judgment.
(2) The decision mentioned din sub-art. (1) may be given after the judgment of interdiction.
(3) The date fixed in the judgment may not precede that of the application for interdiction by more than two years.
Art. 353.- Application for interdiction.
(1) An application for interdiction may be made by the insane or infirm person him self, or by his spouse, or by any of his relatives by consanguinity or affinity, or by the public prosecutor.
(2) The judgment of interdiction may be given before the person whose interdiction is applied for attains his majority.
(3) If may not be given after the death of the person whose interdiction is applied for.
Art. 354.- Procedure for interdiction.
(1) Before pronouncing the interdiction of a person, the court shall be convinced that such measure is necessary.
(2) It may not pronounce the interdiction without having seen the person whose interdiction is applied for.
(3) Where the personal appearance of such person is not possible, the court shall proceed to his examination either by delegating one of its members or by appointing an expert.
Art. 355.- Appeal.
The insane or infirm person himself, his spouse, any of this relatives by consanguinity or affinity, or the public prosecutor may enter an appeal against a judgment of interdiction.
Art. 356.- Register of judicially interdicted persons.
(1) A special register kept in the registry of each Teklay Guezat Court shall contain the list of every person, whose interdiction has been judicially declared, residing within the jurisdiction of the court.
(2) The register shall contain only such details as are necessary to identify such persons and to identify the judgment or judgments relating to the interdiction.
(3) It may be perused by any interested person.
Art. 357.- Notice of judgment.
(1) The guardian of the interdicted person shall ensure that the judgment of interdiction be brought to the notice of the registry of the court of the province or provinces where the interdicted person resides or is called upon to reside.
(2) The same shall apply to any judgment modifying the effects of the interdiction.
Art. 358.- Protection of interdicted person.
Without prejudice to the provisions of the following Articles, a person who has been judicially interdicted shall be subject in respect of his person and of his property to the same rules of protection as a minor.
Art. 359. Guardian and tutor.
(1) The guardian and tutor of an interdicted person shall in al cases be appointed by the court.
(2) No person, other than the spouse, the ascendants and descendants of the interdicted person, shall be bound to retain the functions of guardian or tutor of an interdicted person for ore than five years.
Art. 360.- Family council. -1. Constitution.
(1) The provisions of the Title relating to the constitution of the council of the family of a minor shall not apply to an interdicted person.
(2) The council of the family of an interdicted person shall consist of his ascendants, his brothers and sisters who are of age, his spouse and his descendants who have attained majority.
(3) Where the number of the members of the family council thus composed is less than four, the court shall make up that number by calling on the persons, whether related to the interdicted person or not, who take interest in his condition.
Art. 361.- 2. Meeting place.
(1) The family council shall meet in such place as may be fixed by the court.
(2) In default of such place, it shall meet in the place where the interdicted person had his or her principal residence on the day the interdiction has been pronounced.
Art. 362.- Residence of interdicted person.
(1) The guardian of the interdicted person shall ensure that the interdicted person live in the place where his disability has been given the publicity required by law.
(2) Where the interdicted person changes his residence, his guardian shall ensure that the publicity required by law be made in the place of the new residence.
Art. 363.- Income of interdicted person.
(1) The income of the interdicted person shall not become the property of his guardian.
(2) It shall be used mainly for the maintenance and care of the interdicte4d person.
(3) The guardian shall render an account of its use.
Art. 364.- Appeal against decisions of the guardian.
Any member of the family council may in all case appeal to such council against the decisions taken by the guardian of the interdicted person.
Art. 365.- Father and mother of interdicted person.
The provisions which place the tutor of a minor in a privileged position when such tutor is the father or the mother of the minor, shall not apply to the tutor of an interdicted person.
Art. 366.- Leases.
Leases granted by a tutor shall not be binding on the interdicted person for more than three years after the termination of his disability, unless they have been entered into with the authorization of the family council.
Art. 367.- Donations
(1) Donations may be made by the tutor of an interdicted person on behalf of the latter, to the descendants of the interdicted person.
(2) Such donations shall be of no effect unless they have been authorized by the family council.
Art. 368.- Will.
(1) An interdicted person may not make a will after interdiction has been declared.
(2) Any will made by him prior to being interdicted shall be valid.
(3) The court may invalidate in whole or in part the will made by an interdicted person prior to being interdicted where it is of opinion that the provisions contained in such will are contrary to equity or have been affected by the state of health of the testator.
Art. 369.- Marriage.
(1) A person who has been judicially interdicted may not contract marriage unless he is authorized for that purpose by the court.
(2) An application to this effect may be made by the interdicted person himself or by his guardian.
(3) Any interested party may apply to the court to declare to nullity of a marriage which an interdicted person has contracted without having obtained the authorization of the court.
Art. 370.- Divorce and disowning.
(1) The personal consent of the interdicted person as well as that of his guardian shall be required for requesting a divorce or putting an end to an irregular union.
(2) The child of an interdicted person may be disowned on the conditions laid down in the Book of this Code relating to Family Relationship (Art. 782-795)
Art. 371.- Limitation of effects of interdiction .- 1. Principle.
(1) The court may, in pronouncing the interdiction or after such decision, limit the effects of the interdiction.
(2) It may authorize the interdicted person to do certain acts himself.
(3) It may also decide that the tutor of the interdicted person may not perform certain acts without the concurrence of the interdicted person.
Art. 372.- 2. Effects.
(1) The limitations imposed by the court to the powers of the tutor of the interdicted person in accordance with Art. 371 may not be set up against third parties in good faith who have had dealings with the tutor.
(2) Saving proof to the contrary, the good faith of third, parties shall be presumed.
Art. 373.- Nullity of the acts of an interdicted person.
(1) Acts performed by an interdicted person in excess of his powers may be impugned in the same circumstances as if they had been performed by a minor.
(2) The court may not uphold the effect of such acts on the ground that they could have been performed by the insane person during a lucid interval.
Art. 374.- Liability of guardian of interdicted person. -1. Principle.
Where the interdicted person enters into a contract with a third party who, in good faith, is not aware of his disability, the guardian of the interdicted person shall be liable to such third party for the prejudice which the nullity of the act causes to the latter.
Art. 375.- 2.Good faith.
A person shall never be deemed to be in good faith where he has contracted with the interdicted person within a province where his interdiction has been given publicity in terms of the law.
Art. 376.- Liability of Registrar.
(1) The registrar of the court shall be liable in lieu of the guardian, of the interdicted person where the registrar having received notice of the judgment of interdiction, has failed to enter the name of the interdicted person in the special register kept for this purpose.
(2) The same shall apply where he has refused to make the registrar register accessible to a third person who has had dealings with the interdicted person.
Art. 377.- Withdrawal of interdiction. -1 Application.
(1) The disability of the interdicted person shall cease where the withdrawal of the interdiction is pronounced.
(2) The withdrawal of the interdiction may at any time be applied for to the court by the persons who may apply for the pronouncement of the interdiction, with the exception of the interdicted person himself.
(3) It may also be applied for by the guardian or tutor of the interdicted person.
Art. 378.- 2. Pronouncement.
The withdrawal of the interdiction shall be pronounced by the court, where it appears that the causes of the interdicting have ceased and that the interdicted person is in a position to conduct himself and to administer his property by himself.
Art .379.- 3. Effects.
The withdrawal of the interdiction shall have the same effects as the emancipation of a minor.
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.
Art. 389.- Assimilation to Ethiopians.
(1) Foreigners shall be fully assimilated to Ethiopian subjects as regards the enjoyment and exercise of civil rights.
(2) All rights the exercise of which does not imply any participation in the government or administration of the country shall be considered to be civil rights.
(3) Nothing in this Article shall affect such special conditions as may be prescribe regarding the granting to a foreigner of a permit to work in Ethiopia.
Art. 390.- Restriction regarding ownership of immovable property.- 1. Principle.
No foreigner may own immovable property situate in Ethiopia except in accordance with an Imperial Order.
Art. 391.- 2. Duty to sell.
Any foreigner who is found to own immovable property in good faith but does not hold such immovable property in accordance with an Imperial Order issued under Arty. 390 shall be required by the competent authority to dispose of such immovable property t an Ethiopian within a period of six months.
Art. 392. -3. Penalties.
(1) Where a foreigners has failed to dispose of such immovable property to an Ethiopian within the period provided in Art. 391, the immovable property shall be seized and sold by the competent authority.
(2) The proceeds of the sale shall be paid to the foreigner less twenty percent which shall be deducted as a penalty and with a view to covering the expenses of sale.
(3) The per sent only shall be deducted where the foreigner acquired the immovable property by succession.
Art. 393.- Rights assimilated to rights in ownership.
The provisions of Art. 390-392 shall apply where a foreigner acquires rights or usage for a period exceeding fifty years or a like interest terminable on death.