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Persons Disappearance

Page: 7

Section: 56 - 60

Section 56.- The Court may, on the application of any interested person or of the Public Prosecutor or if it deems advisable, order in any respect as follows :

(1)    Require the manager to give proper security for the management and return of the property entrusted to him ;

(2)    Require him to give information as to the condition of the property of the absent person;

(3)     Remove him and appoint another manager in his stead.

 

Section 57.- The Court may, in the order appointing the manager of the property, determine a remuneration to be paid to the manager out of the property of the absent person ; in default of which the manager may afterwards apply to the Court for determining such remuneration.

The Court may, on the application of the manager or of an interested person or of the Public Prosecutor, or of its own motion when it appears that circumstances on the management of the property have changed, give an order effecting the determination, suspension, decrease or increase of remuneration, or anew payment of remuneration to be made to the manager.

 

Section 58.- The authority of the manager comes to an end in the case as follows :

(1)    The return of the absent person ;

(2)    No return of the absent person but the property having been managed or an agent for managing his property having been appointed ;

(3)    The death of the absent person or adjudication of disappearance having been given ;

(4)    The resignation or the death of the manager ;

(5)    The manager becoming an incompetent or quasi-incompetent person ;

(6)    The manager becoming bankrupt ;

(7)    Removal of the manager by the Court.

 

Section 59.- In case of the authority of the manager comes to an end under Section 58 (4) (5) or (6), the manager or his heir, administrator, guardian, curator, official receiver or the person charged with the duty to take care of the manager’s property, as the case may be, must inform the Court without delay of such ending for the Court will give an order concerning the manager of the property as it deems advisable. During such period of time, the said person must take all reasonable steps compatible with circumstances to protect the interest of the absent person until the property of the absent person is delivered to any person as to be ordered by the Court.

 

Section 60.- The provisions concerning Agency of this Code shall be applied to the management of the property of the absent person, mutatis mutandis.