Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 807
807. (1) Where no application is made by any person to
continue the suit in substitution for the deceased party, it sh all be
lawful for the other party, by means of an application, to dema nd
that the suit be continued in the name of the presumptive heir or
heirs of the deceased party, if known.
(2) Such application shall by order of the court, be served on
the presumptive heir or heirs who shall have the time of one mo nth
within which to declare whether he or they are prepared to cont inue
the suit.
(3) If no such declaration is made, then the court shall of its
own motion proceed to appoint a curator ad litem to represent the
interests of the deceas ed in the suit in acco rdance with articl e 809.
(4) Where no person entitled to represent the deceased is
218 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
known, such application may contain only the demand for the
appointment of curators to continue the suit.
(5) The curator shall take all th e necessary measures to identif y
and locate the presumptive heir or heirs of the deceased and wh en
the presumptive heir or heirs are identified and located the cu rator
shall request the court to notify him or them about the pendenc y of
the case ordering him or them to declare within a specified tim e
whether he or they are pre pared to continue the suit.
Default of heir,
etc., to continue
suit not to imply
renunciation of
inheritance, etc.
Substituted by:
XXIV .1995.296.
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