The Revised Family Code-CHAPTER TWELVE MINORS

CHAPTER TWELVE MINORS

Section 1. General Provisions

Article 215- Definition.

A Minor is a person of either sex who has not attained the full age of eighteen years.

Article-216- Disability of Minors.

 

1)    A  minor as regards the proper care of his person, shall be placed under the authority of a guardian.

2)    In matters concerning his pecuniary interests and the administration of his property. A minor shall be represented by his tutor.

3)    The minor shall not perform juridical acts except in the cases provided by law.

 

Article 217-Proof of Age

 

1)    The age of a person shall be established by his certificate of birth.

2)    In the absence of certificate of birth the age of a person shall be decided by the court based on reliable documents or by the testimony of not less than two witnesses.

 

Article 218- Principle to be followed by Competent Authorities.

 

 Any decision rendered on cases based on this Chapter shall be appropriate to the proper care and well being of children.

 

 

Section 2. Organs of Protection of Minors

 

Article 219.- Authority of Parents

 

    The father and the mother are, during their marriage, jointly guardians and tutors of their minor children.

 

Article 220-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 mothers shall exercise such functions where the father of the child is unknown.

 

 

Article 221.- Divorce of Parents.

 

1)    Where the spouses decide to divorce by mutual consent in accordance with Article 77 of this Code, they shall decide by agreement regarding the tutor and guardian of their children.

2)    Where, in any case of divorce, the spouse did not agree on the tutorial and guardianship of their children, the court which decides the divorce shall also decide the tutor and guardian of children.

 

Article 222-Testmentary Guardian or Tutor (1) Principle

 

1)    The surviving parent of a minor may, by a last Will, stipulate who shall be guardian or tutor of the child after his death.

2)    The surviving parent may also restrict the powers of the guardian or tutor, or subject the exercise of such powers to specified conditions.

 

Article 223- (2) Conditions for Appointment.

 

The right referred to in Article 222 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 or tutor of the child, or where he or she had been relieved of such functions his or her request.

 

Article 224- (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.

 

Article 225-Relatives Called to Exercise the Functions of Guardian  or Tutor (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 of tutor of the child shall devolve, by virtue of the law, on the following persons:

(a)    Ascendants of the child;

(b)    In their default , the brothers or sisters of the child who have attained majority;

(c)    In their default, the uncle or ant of the child

 

Article-226-(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 instead of the person who should perform such functions by virtue of Article 225.

2)    Such application shall be made to the family members mentioned under Article 225, or, in the absence of agreement, to the court. 

3)    Such application shall be made within two months from the day on which the guardian or tutor has been vested with his functions.

4)    The application shall be allowed or dismissed based solely on the interest of the child.

 

Article 227- Where there is no Relative Enabled in terms of law.

 

1)    Where by applying the preceding Articles, a child remains without a guardian or tutor, the functions may be entrusted such person as may be appointed by the court.

2)    In deciding such case the court may take congnizance of the matter or on the application of any interested party whether he is a relative of the child or not.

3)     A government organ who has the authority to follow up the security of children may also lay the matter before the court.

Article 228- Appointment by the  Court (1) Relative of the Minor, by Consanguinity or Affinity.

 The court shall  appoint, as  far as possible, as guardian or tutor a near relative of the minor, by consanguinity or affinity, fit to perform such functions and willing to perform them.

 

Article 229- (2) Institution of Assistance.

The functions of guardian or of tutor may, where necessary, be entrusted by the court to an institution of assistance established for such purpose.

Article 230- Assimilated Cases

Where a person is not in  a position to exercise the functions of guardian and tutor by operation of the law or for any other reason, he shall be deemed to be not existing for the purpose of the preceding Articles.

Article 231- Identity of Guardian or of Tutor.

1)    As a rule, the person to whom the care of the person of the minor has been entrusted shall at the same time be his tutor.

2)    The appointment 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.

Article 232- Right given to Father and Mother.

    The father or the mother may, where they think fit, appoint a tutor to the child, reserving to

 themselves the functions of guardian.

Article 233-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.

Article 234-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 application of the tutor or one of the ascendants, or brothers or sisters of the minor who has attained majority.

Article 235-(2) Conflict of Interests of Several Minors.

1)    The Provisions of Article 234 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’’

Article 236-Commencement of Functions.

1)    The functions of guardian and of tutor shall commence from the appointment of the guardian or tutor by virtue of the law or by the decision of the court.

2)    No liability shall be incurred by the guardian tutor so long as he is not aware of the circumstances under which such functions devolve on him.

Article 237- Compulsory Nature or Functions.

The functions of guardian or tutor of the minor are compulsory for the person who is vested with them.

Article 238-Application for Exemption.

1)    A person may apply to the court to be exempted from such functions if the performance thereof entails to him particular difficulties or inconveniences.

2)    The guardian and the tutor may on the same conditions apply to be relieved of the functions assumed by them.

Article 239.- Legal Exemptions.

Notwithstanding the provisions of this Code regarding the appointment of guardian or tutor, the following persons shall not be bound to take up the functions of guardian or tutor, upon a mere declaration on their part, except as regards their own children.

(a)    Any person who has completed his sixty-fifth year;

(b)    Soldiers in active service.

Article 240-Obligation to Exercise such Functions Provisionally.

1)    The guardian or tutor who puts forward an objection or a case of exemption shall exercise his functions until a new guardian or tutor has been appointed.

2)    The same shall apply to the guardian or tutor whose appointment is impugned.

Article 241- Termination of Functions. 

1 The functions of guardian and of tutor shall cease where the child dies, attains, majority, or is emancipated.

2. They shall cease where the guardian o the tutor dies, o becomes incapable, or unworthy, or is removed.

3. They shall cease where a new guardian or tutor is appointed to the minor.

Article 242. - In capacities(1) Minor.

A minor is incapable of exercising the function of guardian or of tutor except as regards his own children.

Article 243. -  (2) judicially (1) interdicted Persons

1)    A Person is incapable of being a guardian or tutor of a minor if 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 interdicted person in those functions.

3)    In default of such person, he shall apply to the court for another person to be appointed in place of the interdicted person.

 

Article 244  Unworthiness.

1)    A person may be declared by the court unworthy of exercising the 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 to the circumstances,

 

Article 245 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 this 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.

 

Article 246 (2) Tutor

The tutor may be removed by the court, where it appears that he administers badly  the property of the minor, where he does not comply with the directions validly given to  him by the person or authority who entrusted him with such functions, or where his insolvency has been judicially established.

Article 247. -  (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 other ascendants as guardians or tutors of their children.

2)    The court may revise its decision any time on the application of the person who has been removed from the position of guardianship or tutorship.

 

Article 248. - (4) Procedure.

1)    An application for the removal of the guardian or of the tutor may be made by any interested person, or by the public prosecutor.

2)    Before declaring the removal of the guardian or the tutor, the court shall enable the latter to give his reasons.

3)    Where the court proceeds under Sub- Art (2) of this Article, it shall give appropriate provisional order when ever it thinks that additional danger may entail to the person or property of the minor.

 

Article 249. -  Duties of the Court.

1)    Where the court is to appoint or to remove a person as guardian or tutor of a minor, it shall, before making its decision, consult, in so far as possible, the ascendants ad the brothers and sister of the child who have attained majority,

2)    Where it thinks fit, it may hear the minor himself.

3)    The court shall decide having regard solely to the interest of the minor and without being bound by the information which it has obtained.

 

Article 250. - Tutor may not be Remunerated.

1)    The functions of guardian or tutor constitute a gratuitous office.

2)    A specified amount of compensation may be granted to the guardian or to the tutor where the administration of the property of the minor takes a considerable part of his time.

3)    Such compensation may only be taken from the income of the minor and may not exceed one third of such income.

 

Article 251. – Personal  Nature of the function .

1)    The functions of guardian or tutor constitute a personal office which does not pass to the heirs of the guardian or tutor.

2)    The heirs shall be liable only for the mismanagement   carried out by the person whom they succeed, within the limits specified in the law of successions.

 

 

Article 252. - Duties of Heirs.

1)    The heirs of the guardian or tutor shall, without delay, inform of his death to the person who is , by virtue of Article 225, 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 obligations under Sub-Article (1) and (2) of this Article, they shall remain liable  to the minor and third parties.

 

Article 253. - 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.

Article  254. - Analogy with the Tutor.

The provisions of this Code relating to Tutors shall also apply to Tutors “ad hoc” .

 

 

Section 3.  Powers of the Guardian and of the Tutor

           Sub-Section 1. -  Care of the Person of the Minor.

Article 255. - Guardian may seek Assistance from Government Institutions.

The guardian of the minor may seed assistance from pertinent  governmental institutions in order to Carry out the powers vested in him under the following Articles.

 Article 256. - Residence of the Minor.

1)    The guardian shall fix the place where the minor is to reside.

2)     The minor may not abandon such place without the authorization of the guardian.

3)    If the minor goes away from his residence without authorization, of the guardian

 

Article 257. - Health of the Minor.

1)    The guardian shall watch over the health of the minor.

2)    In Case of sickness of the minor, the guardian shall take the necessary measures for his recovery.

 

Article 258. - Up bringing of the Minor.

1)    The guardian shall direct the up bringing of the minor.

2)    The guardian may take the necessary disciplinary measures for the purpose of ensuring his up bringing .

 

Article 259. - Social Contacts.

1)    The guardian shall direct and supervise the social contacts of the minor.

2)    The guardian may not, except for good cause, prohibit the minor from seeing his ascendants or from corresponding with them.

 

Article 260. - General and Professional Education .

The guardian shall ensure that the minor be given general education or professional training commensurate with the age and abilities .

 Article 261. - Income of Minor (1) Principle.

(1) The guardian shall receive the income of the minor and use it in interested of the latter.

(2) He shall not be bound to render an account of such use.

 

 

Article 262. – (2) Considerable Income. 

(1)    Where the income of the minor is considerable and the guardian is neither the father nor the mother of the minor, the provisions of Article 261 (2) may be set aside by the court.

(2)    In such case, the court shall fix the amount of money and the time of its payment to the guardian for the maintenance and education of the minor.

(3)    The balance of the income of the minor shall remain in the hands of the tutor to be invested by the latter.

 

Article  263. - (3) Income derived from Work of the Minor.

(1)    Where the minor is above fourteen years of age, he shall receive the income deriving from his work.

(2)    He shall freely dispose of such income in accordance with this law, after making contribution to his own maintenance.

 

Article  264. -  (4) Property Donated or Bequeathed.

1)    The person who donates or bequeaths property to a minor may order that the income from such property shall not, during the minority of the child, be received and used by the guardian.

2)    The provisions laid down in the contract of donation or in the Will concerning the administration and use of such income shall be complied with.

 

Article 265. - Income not Due.

The income of the minor which is not yet due shall not be the subject of a obligation undertaken by the guardian.

Article 266. - Authority of Parents.

1)    Where the father and mother of the child are both vested with the functions of guardianship, they shall carry out such functions in consultation and  cooperation with each other.

2)    In case of disagreement between the father and the mother and where such disagreement is not solved privately by themselves or through arbitration, the court shall decide  in the best interest of  the  child on the application of either of them.

3)    Without prejudice to the provisions of Sub-Art. (2) of this Article, appeal shall lie against the decision of the father and the mother in their capacity as guardians of the minor

 

Article 267. - Separation of Parents.

Where the function of guardian is exercised by a single parent only due to separation of parents, the other parent who is not exercising the function of guardian, the minor’s ascendants, or one of his brothers or sisters who has attained majority may apply to the court against the decision taken by the guardian.

 

Article 268. - where the Guardian is not the Parent.

Where the functions of guardian are exercised by a person other than the father or the mother, one of the parents, any interested person or the public prosecutor may apply to the court against the decision taken by the guardian regarding the up bringing of the child.

  

 

Sub-Section 2. - Administration of the Property of the Minor.   

Article 269. -  Principle.

1)    The minor shall be represented by his tutor concerning his property and his pecuniary interests.

2)    The tutor shall take the utmost care concerning the pecuniary interests of the minor and the administration of his property.

 

Article 270. - Inventory and Valuation of Property (1) After the Tutor Assumes his Functions.

1)    Within two months  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 three witnesses.

2)    Where the minor owes him anything he shall state it in the inventory under pain of losing his right thereto.

 

Article 271. – (2) Succession Devolving 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 inventory therefore to be prepared in the presence of three witnesses, which shall specify the value of the succession.

2)    Where anything is due to him from such succession. Be shall state it in the inventory, under pain of losing this right thereto.

3)    The tutor shall be liable to the minor for any damage arising from the absence of an inventory.

Article 272. - Property of Tutor Merged with that of the Minor.

1)    The tutor shall take the necessary caution so that the property of the minor is not mixed with that of his own property.

2)    In particular, he may not deposit or cause to be deposited, in his personal bank account, monies belonging to the minor.

Article 273. - Securities and Articles of Values 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 therefrom.

Article 274. - Power of the Court.

1)    Where the tutor is not the father or mother of the child, one of the ascendants, or one of the minor’s brothers or sisters who has attained majority may apply to the court to give instruction to the tutor concerning the management of the property of the minor.

2)    The court shall, after considering the nature of the property of the minor, the ability of the tutor, and the interest of the minor, give instruction it thinks appropriate concerning the management of the property.

Article 275. - Property Transferred to the Minor by Donation or Succession.

1)    A person, who donates property to a minor of from whose succession a minor inherits property, may order that the tutor  shall follow certain appropriate rules in the administration of such property.

2)    Where it subsequently appears that the observance of such rules in impossible or prejudicial to the interests of the minor, the tutor may apply to the court to vary them.

Article 276. - Commercial or other Enterprises

1)    Where commercial, industrial or other enterprise from part of the estate of the minor, the court shall, on the application of one of the ascendants or brothers or sisters of the child who has attained majority, instruct a tutor, who is not the father or mother of the child, whether he should liquidate such enterprises or keep them going.

2)    When giving such order, the court shall have regard to the time for which the tutorship is to last and the abilities of the tutor as well as the interests of the minor.

Article 277. - Alienation of Certain Property.

1)    The tutor may alienate corporeal chattels, shares and securities belonging to the minor.

2)    The court may, on the application of any interested person, give to a tutor, who is not the father or mother of the child, instructions concerning such sale, or prohibit him from effecting it.

Article 278. – Securities  to bearer

1)    A tutor, who is not the father or the mother of the minor, shall alienate securities to bearer, or convert them in registered securities in the name of the minor within three months after they devolve on the minor.

2)    The court may exempt the tutor from the duties specified under Sub-Art. (1) upon request.

Article 279. - Debts and Claims.

1)    The tutor shall pay the debts which are due by the minor from the property of the minor.

2)    He shall receive the capital and income devolving on the minor and give receipt therefore to the person effecting payment.

Article 280. - Investment of Capitals (1) Duty of the Tutor.

1)    The tutor shall invest monies belonging to the minor where such monies exceed five hundred Ethiopian Birr.

2)    The court may vary the amount specified in Sub-Art. (1) of this Article .

 

Article 281. - (2) Time.

1)    Monies shall be invested within three months from the time they are at the disposal of the tutor.

2)    The court may vary such period.

Article 282. - Liability.

1)    The tutor shall be liable to pay to the minor legal interest on the monies which he has failed to invest.

2)    He may also be condemned to pay damages, where  appropriate.

Article 283. -  Income

1)    The tutor shall deliver to the guardian of the minor the income of the latter, and where the income is not enough, part of the property, to be used for his maintenance and his education.

2)    Unless the court decides otherwise such delivery shall be made monthly.

3)    The conditions of payment may vary by agreement between the guardian and the tutor, or by the decision of the court.

Article 284. - Leases.

Unless they have been entered into with the authorization of the court, leases made by the tutor shall not be binding on the minor three years after he attains majority.

Article 285. - Successions.

1)    The tutor shall accept on behalf of the minor the successions devolving on the latter.

2)    The tutor may not renounce a succession devolving on the minor, unless such succession  is notoriously insolvent.

Article 286. - Donation.

1)    The tutor may not refuse a donation offered to the minor unless such donation is not Important.

2)    The tutor may not make any donation on behalf of the minor other than small presents which may be required by custom.

Article 287. - Prohibition of Undertaking Suretyship.

The tutor shall not pledge or mortgage the property of the minor for the debt of another person.

 

 

Article 288. - Compromise.

A tutor may not enter into a compromise agreement concerning the interests of the minor except where the interest in dispute is less than one thousand Ethiopian Birr or with the authorization of the court.

Article 289. - Contracts between Tutor and Minor.

1)    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 court.

2)    He may not accept the assignment of any right or claim against the minor except with the authorization of the court.

Article 290. - Loans.

A tutor may not contract any loan on behalf of the minor except with the authorization of the court.

Article 291. - Consultation with the Minor.

1)    The tutor shall consult the minor in all important acts concerning him, unless the latter is less than fourteen years old.

2)    The consent of the minor shall not relieve the tutor of his liability.

Article 292. - Authorization to Act given to the Minor

(1)    Principle.

(1)    The tutor may authorize the minor to conclude only 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.

Article 293. - (2) Acts of Everyday 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 court.

2)    Nor may an act be regarded as an act of everyday life where it entails on the minor an expense or obligations the value of which exceeds three hundred Ethiopian Birr.

Article 294. - (3) effect with regard to the Tutor.

The tutor shall stand surety, in favor of third parties, for the obligations, which the minor has assumed with his authorization.

 

 

Article  295. - Will.

1)    The tutor may not make a Will on behalf of the minor.

2)    A minor may not make a Will before he attains the age of sixteen 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 sixteen years.

Article 296. - Expenses of Management.

The tutor has the right to the refund of expenses which be personally incurs in connection with the management of the interests of the minor.

Article 297. - Rendering Report of management of the Property of the Minor.

1)    The tutor shall prepare a report concerning the conditions of management and accounts of the property of the minor.

2)    The tutor shall make available such reports when requested by the ascendants of the minor, or his brothers and sisters who have attained minor, or his brothers and sisters who have attained majority acting either in individually or jointly. 

Article 298. - Applicability

The provisions of Article 264-266 of this Code shall apply to tutorship.

 

 

Section 4. Sanction of the Rules for the Protection of the Minor.

Sub-Section 1. Acts of the Minor

Article 299. - Principle.

The juridical acts performed by the minor in excess of his powers shall be of no effect.

Article 300. - Application for Nullity.

The nullity of juridical acts performed by the minor may be applied for only by the minor, his heirs, or his representatives.

Article 301. - Good Faith of the Person Contracting with the Minor.

1)    Notwithstanding the provisions of Article 299, contracts entered into by the minor shall be valid where the contracting party could in good faith believe that the minor had the authorization to conclude them.

2)    The provisions of Sub-Art. (1) of this Article Shall not apply where the other contracting party has taken advantage of the inexperience of the minor.

Article 302. - Repayment.

1)    Payments made to the minor shall be returned 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, the minor is not bound to make repayments.

Article 303. - Extra-Contractual Liability and Unlawful  Enrichment (1) Principle.

Where the minor had caused damage to another person by his unlawful  acts or enriched himself unlawfully , he shall be liable in accordance with the provisions of the Civil Code relating to Extra-Contractual Liability and Unlawful Enrichment.

Article 304. - (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.

 

Sub-Section 2. - Acts of the Tutor.

Article 305. - Acts Regularly Performed.

1)    Acts performed by the tutor, on behalf of the minor, shall be binding on the minor as though he had performed them himself being a major.

2)    They shall not be binding on the tutor personally, save an explicit undertaking on his part or in cases provided by law.

Article 306. - Violation of Legal Provisions.

Acts performed by the tutor in violation of legal provisions shall be subject to the provisions of the Title of the Civil Code relating to Agency in the case in case in which a representative has exceeded his powers.

Article 307. - Third Parties

1)    The fact that the tutor has acted contrary to the instructions of the court may not be set up against third parties unless they have or should have known such instructions.

2)    The  provision of Sub-Art.(1) of this Article shall also apply to those instructions given to the tutor by a person who has donated, bequeathed or left property to the minor.

Article 308. - Tutor ‘’ad hoc’’,

The provisions of this Sub-Section shall also apply to the tutor ad hoc.

 

 

Sub-Section 3. Liabilities Which May be Incurred.

Article 309. - Tutor.

1)    The tutor shall be liable for the damage which way be caused to the minor due to his mismanagement of property, or the fact that he has not obeyed the instructions given to him or the fact that he has acted in a case where his interest were in conflict with those of the minor.

2)    The provisions of Sub-Art. (1) of this Article shall apply to the tutor ad hoc.

 

 

Section 5. Cessation of the Disability of the Minor

Article 310. - Causes.

The disability of the minor shall cease where:

(a)    He attains majority; or

(b)    He is emancipated.

Sub-Section 1. Emancipation

Article 311. – Marriage.

1)    Where a minor is married in accordance with Article 7 (2) of this Code, he shall be emancipated by the sole fact of such marriage.

Article 312. -  Explicit Emancipation.

1)    Where a minor has attained the age of fourteen years, his guardian or his tutor or any interested person may apply to the court for his emancipation.

2)    The court may decide to emancipate the minor after considering his conditions, the reasons applied for, and where it finds that the emancipation  is in the best interest of the  minor.

Article 313. – Effects.

An emancipated minor shall be deemed under the law to have attained majority.

Article 314. – Irrevocability.

1)    Emancipation may not be revoked.

2)    Emancipation resulting from marriage shall retain its effects notwithstanding that the marriage is dissolved.

3)    Notwithstanding the provisions of Sub-Article (2) of this Article, the court may give a decision it thinks appropriate concerning the emancipation of the minor where it pronounces the dissolution of the marriage on the ground that the age prescribed by the law for marriage is not observed.

 

 

Sub-Section 2. -  Rendering of Accounts of Tutorship

Article 315. - Principle

1)    Where his functions terminate, the tutor shell render an account of his administration to his ex-ward or to the heirs of the latter.

2)    He shall hand over the property which belongs to him and prepare a statement showing the rights which pertain  to him and the debts to which he is bound.

Article 316. - 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 any means of which property his estate or such succession or donation consists.

2)    Unless the contrary is proved, a certain property shall be deemed to have pertained to the minor where witnesses make an attestation to this effect.

Article 317. - 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-Art (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.

Article 318. - 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)    The minor shall retain the right to claim the restitution of his property even after the expiry of the time specified in Sub-Art. (1) of this Article