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Page: 4

Section: 32 - 34

Section 32.- A person, who has physical or mental infirmity, or habitual prodigality or habitual intoxication or other similar causes that make him incapable of managing his own affairs, or whose management is likely to cause detriment to his own property or family, may be adjudged as quasi-incompetent by the Court upon an application by any of the persons specified in Section 28.

The person adjudged quasi-incompetent under paragraph one must be placed under curatorship.

The appointment of curator shall be in accordance with the provisions of Book V of the Code.

The order of the Court under this Section shall be published in the Government Gazette.

 

Section 33.- If it is found by the Court in trial of the case for a person to be adjudged incompetent on account of unsound mind that he is not a person of unsound mind but has mental infirmity, he may, if it is deemed suitable by the Court or upon the application of the party or the persons specified in Section 28, be adjudged as quasi-incompetent. The same shall apply if it is found by the Court in trial of the case for a person to be adjudged quasi-incompetent on account of mental infirmity that he is a person of unsound mind, he may, if it is deemed suitable by the Court or upon the application of the party or the persons specified in Section 28, be adjudged as incompetent.

 

Section 34.- A quasi-incompetent person must obtain the consent of his curator for doing the following acts:

(1)    Investing his property ;

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

(3)    Procuring a loan or lending money, borrowing or leasing value movable ;

(4)    Giving security by any means whatever that affects him to make a forced payment ;

(5)    Hiring or letting property longer than six months if the property is movable, or three years if the property is immovable ;

(6)    Making a gift, except the gift made suitable for situation in his life, for philantrophy, social or moral obligations ;

(7)    Accepting a gift encumbered with a charge or refusing a gift ;

(8)    Doing any act whose object is the acquiring of, or parting with, a right in an immovable or a valuable movable ;

(9)    Constructing, modifying building or other structures, or making extensive repairs ;

(10)Entering a charge in Court or carrying out any legal proceedings except the application made under Section 35 and the application for removal of his curator ;

(11)Making a compromise or submitting a dispute to arbitration.

For acts other than those mentioned in paragraph one, the conduct of which by a quasi-incompetent may detriment to his own properties or family, the Court is empowered, in giving an order affecting any person to be quasi-incompetent or upon the application made subsequently by the curator, to instruct the quasi-incompetent to obtain consent of the curator prior to conduct of such acts.

 In case of quasi-incompetent cannot do any act as mentioned in paragraph one or paragraph two by himself because of his physical or mental infirmity, the Court may give an order empowering the curator to act on behalf of the quasi-incompetent, and in such case, the provisions relating to the guardian shall be applied to the curator, mutatis mutandis.

The order of the Court under this Section shall be published in the Government Gazette.

Any act done on the contrary to the provisions of this Section is viable.