Table of Contents

CHAPTER III - OF THE EFFECTS OF ABSENCE UPON THE EVENTUAL RIGHTS WHICH MAY BELONG TO THE ABSENTEE

Art. 25. Whoever shall claim a right accruing to a person whose existence shall not be acknowledged, shall be bound to prove that such person existed at the time when the right in question accrued, and until this be proved, his demand shall not be admitted.

Art. 26. In case a right to an inheritance, shall devolve on a person whose existence is not acknowledged, such inheritance shall devolve exclusively on those with whom such person should have had a right to divide, or on those on whom the inheritance should have devolved, if such person had not existed.

Art. 27. The provisions of the two preceding articles shall not affect the right of claiming the inheritance and any other rights which shall belong to the absentee or his representatives or assigns, and shall be extinguished only by the lapse of time which is established for prescription.

Art. 28. As long as the absentee shall not appear, or the actions shall not be brought in his name, those who shall have been put in possession of the inheritance, shall have a right to the proceeds by them received bona fide.

 

CHAPTER IV - OF THE EFFECTS OF ABSENCE RESPECTING MARRIAGE

Art. 29. Ten years of absence without any news of the absentee, is a sufficient cause for the husband or wife of such absentee, to contract another marriage, after having been authorised to do so by the judge, on due proof that such absence without any news, continued the time directed as aforesaid.
And if after the said marriage the husband or wife who was absent, happens to return, he or she shall be free of his or her first bond and at liberty to contract another marriage, and the marriage contracted by the husband or wife during and on account of the absence, shall remain firm and valid.

 

CHAPTER V - OF THE CARE OF MINOR CHILDREN WHOSE FATHER HAS DISAPPEARED

Art. 30. If a father has disappeared leaving minor children born during his marriage, the mother shall take care of them and shall exercise all the rights of her husband with respect to their education and the administration of their estate.

Art. 31. If at the time of the disappearing of the father, the mother was dead, or if the mother should die before the provisional possession has been ordered, then a provisional guardian shall be appointed to the children in the manner prescribed under the title of minors, tutors and curators.

Art. 32. It will be the same thing in case the husband or wife who shall have disappeared, shall leave minor children born of a former marriage.




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