Table of Contents

TITLE VIII - OF MINORS, OF THEIR TUTORSHIP, CURATORSHIP AND EMANCIPATION

 

CHAPTER I - OF TUTORSHIP

 

SECTION I - GENERAL DISPOSITIONS

Art. 1. The minor pupil, that is the minor male who has not arrived the full age of fourteen years and the minor female who has not arrived at the full age of twelve years, are both, as to their person and their estate, placed under the authority of a tutor.
Above that age and until their majority or emancipation, they are placed under the authority of a curator.

Art. 2. There are four sorts of tutorships:
Tutorship by nature;
Tutorship by will;
Tutorship by the effect of the law;
And Tutorship by the appointment of the judge.

Art. 3. Tutorship by nature takes place of right; every other kind of tutorship must either be confirmed or given by the judge.

Art. 4. For every sort of tutorship the tutor is accountable.

 

SECTION II - OF TUTORSHIP BY NATURE

Art. 5. The father is, during the marriage, administrator of the estate of his minor children.
He is accountable both for the property and revenues of the estates, the use of which he is not entitled to by law, and for the property only, of the estates, the usufruct of which the law gives him.
This administration ceases at the time of the majority or emancipation of the children.

Art. 6. After the dissolution of marriage by the death of either husband or wife, the tutorship of the minor children belongs of right to the surviving mother or father.
This is what is called tutorship by nature.

Art. 7. Tutors by nature are bound to cause an inventory to be made and an under tutor to be appointed, but they are not compelled to give security.

Art. 8. If at the time of the death of the husband, the wife shall be pregnant, a curator shall be appointed to the unborn child; and at the birth of said posthumous child, said curator shall be of right the under tutor.

Art. 9. The mother is not compelled to accept the tutorship of her minor children, but in case she refuses it, she shall be bound to fulfil the duties of a tutor until she has caused a tutor to be appointed.

Art. 10. If the mother who is tutor to her children, wishes to marry again, she must, previous to the celebration of the marriage, apply to the judge in order to have a meeting of the family called for the purpose of deciding whether she shall remain tutor.
If she shall neglect to call such a meeting, she shall be ipso facto, deprived of the tutorship and together with her husband, shall be answerable in solidum for all the consequences of the mal administration of tutorship unduly kept by her, and the estate of the husband shall be tacitly mortgaged as a security for the said responsibility form the day of the celebration of the last marriage.

 

SECTION III - OF TUTORSHIP BY WILL

Art. 11. The right of appointing a tutor whether a relation or a stranger, belongs exclusively to the surviving father or mother.
This tutorship is called testamentary tutorship, because generally it is given by testament; but it may likewise by given by any declaration by the surviving father or mother, executed before a notary and two witnesses.

Art. 12. The mother who is married again and who is not maintained in the tutorship of the children of her preceding marriage or marriages, has no right to appoint a tutor to them.

Art. 13. The tutor by will is not compelled to accept the tutorship to which he is appointed by the father or mother, if there are relations of the minors entitled by law to the tutorship in preference to him.
But if he refuses the tutorship, he looses in that case, all the legacies and other advantages which the person who appointed him, may have made in his favor under a persuasion that he would accept this trust.

Art. 14. The judge may refuse to confirm the tutorship given by the surviving father or mother, if he deems it conducive to the interest of the minor, provided it be by and with the advice of the assembly of the family.
And in this case a tutor is appointed to the minor agreeably to the rules hereafter prescribed.

 

SECTION IV - OF THE TUTORSHIP BY THE EFFECT OF THE LAW

Art. 15. When a tutor has not been appointed to the minor by the surviving father or mother, or if such tutor having been appointed has not been confirmed, or has been excused, then the judge ought to appoint to the tutorship the nearest ascendant in the direct line of the minor.

Art. 16. In case there shall be more than once ascendant in the same degree in the direct line, but of different sexes, the tutorship shall be given to the male.

Art. 17. In case there shall be more than one ascendant in the same degree in the direct line, and of the same sex, the judge shall appoint one of them as tutor by and with the advice of the meeting of the family.

Art. 18. The grand mother of the minor is the only woman who has a right to claim the tutorship by the effect of the law; but she is not compelled to accept it.

Art. 19. In case the minor has no ascendant in the direct line, the legal tutorship shall be given to the nearest of kin in the collateral line who comes immediately after the presumptive heir or heirs of the said minor.
And if there are two or more relations in the same degree after the presumptive heir or heirs of said minor, the judge shall appoint one of them by and with the advice of the meeting of the family.




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