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Volume 109, Issue 42
Page 10
Royal Gazette

8 April 2535

Section32.Any person who suffers a physical disability or mental disorder, or habitual prodigality or unrestraint, or addiction to intoxicants, or any other similar cause to the degree of being unable to manage affairs on his own or managing affairs in such a way that may impair his own or his family's property, may be adjudged quasi-incompetent by a court order upon a request by any of the persons specified in section 28.

The person adjudged quasi-incompetent by a court order according to paragraph 1 must be subjected to curatorship. The appointment of a curator shall be in accordance with the provisions of Book 5 of this Code.

The provisions of Book 5 of this Code regarding the end of guardianship shall apply mutatis mutandis to the end of curatorship.

The court order under this section shall be published in the Royal Gazette.

Section33.In a case involving a request for a court order adjudging any person incompetent because of insanity, if it is discovered from the trial that he is sane but suffers a mental disorder, the court may issues an order adjudging him quasi-incompetent on its own motion or upon an application by a party or any of the persons specified in section 28; or in a case involving a request for a court order adjudging any person quasi-incompetent because of a mental disorder, if it is discovered from the trial that he is insane, the court may issue an order adjudging him incompetent upon an application by a party or any of the persons specified in section 28.

Section34.A quasi-incompetent person must obtain prior consent of his curator in order to do any of the following acts:

(1)putting property to investment;

(2)accepting the return of invested property, principal, or other capital;

(3)taking or granting a loan, or borrowing or lending a valuable item of movable property;

(4)making any guarantee which results in himself being subject to enforcement of performance;

(5)renting or leasing an item of movable property for a period of time longer than six months or immovable property for a period of time longer than three years;

(6)making a gratuitous gift, save where it suits his station in life, is for a charitable or social cause, or is made out of a moral obligation;

(7)accepting a gratuitous gift subject to a condition or encumbered charge, or refusing a gratuitous gift;