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Transitory Provisions

TITLE XXII TRANSITORY PROVISIONS

Chapter 1. Rules relating to persons and successions

Art. 3358 – Assumption of family name. – 1. Persons born prior to the coming into force of this Code.
(1)    No person born prior to the coming into force of this Code shall be required to assume a family name.
(2)    Where a person born prior to the coming into force of this Code wishes to assume a family name, he shall assume as a family name his patronymic:
Provided that, where there are two or more generations alive on the coming into fore of this Code, he who wishes to assume a family name shall assume as a family name the patronymic of the senior male ascendant alive.
(3)    A person who has been disowned or whose father is not known may assume as a family name the patronymic of his mother.

Art. 3359 – 2. Persons born after the coming into force of this Code.
(1)    Any child born after the coming into force of this Code shall be given a family name.
(2)    Where the child has no family name in pursuance of the provisions of the receding Article, he shall assume as a family name his patronymic.
(3)    A child who has been disowned or whose father is not known shall assume as a family name the family name, if any, of his mother or the patronymic of his mother.

Art. 3360 – 3. Effect.
Any name assumed under the provisions of the two preceding Articles shall be the family name of all direct lineal descendants.

Art. 3361 – Registers of civil status.
(1)    Art. 48-55, 57-70, 72-77, 79-131 and 133-145 shall not come into force until a day to be notified by Order published in the Negarit Gazeta.
(2)    Until the coming into force of the Articles specified in sub-art. (1), proof of birth, marriage and death shall be made by producing acts of notoriety drawn up in accordance with the provisions of Art. 146-153 of this Code by the persons specified in Art. 146 (1) or by such other persons appointed for the purpose by the Minister of Interior.
(3)    Notwithstanding the provisions of sub-art. (1), the provisions of Art. 121-145 of this code shall forthwith apply mutatis mutandis to acts of notoriety.

Art. 3362 – Offices of associations.
Until offices of associations have been organized under this Code, all powers and duties imposed thereon shall be exercised by the Minister of Interior.

Chapter 2. Rules relating to property and mortgage.
Art. 3363 – Registers of immovable property.
(1)    Title X of this Code relating to registers of immovable property shall not come into force until a date to be fixed by Order published in the Negarit Gazeta.
(2)    Until such date has been fixed, the provisions of the following Articles in this Chapter shall apply in lieu of the provisions of Title X.

Art. 3364 – Transfer or extinction of ownership.
The customary rules relating to the formalities to be complied with so that the transfer or extinction of the ownership of immovable property may be set up against third parties shall apply.

Art. 3365 – Easements and restrictions to ownership.
The customary rules relating to the formalities to be complied with so that easements, promises of sale, rights of pre-emption or provisions preventing attachment or assignment may be set up against third parties shall app

Art. 3366 – Duties of seller.
(1)    The seller of an immovable shall inform the purchaser of all restrictions to the ownership of such immovable which, under this Code, may not be set up against a third party unless they have been registered in the registers of immovable property.
(2)    The seller shall not be bound to inform the purchaser of the existence of such apparent easements as may apply to the immovable sold.
(3)    Whosoever has with regard to an immovable dealings which under this Code require to be registered in the registers of immovable property shall carry out the duties imposed on the seller by this Article.

Art. 3367 – Mortgages.
The customary rules to be complied with so that mortgages may be set up against third parties shall apply.