Civil Code (Cap. 16)
Civil Code (Cap. 16), article 136
136. (1) The parents jointly administer the property of their
children, whether born or to be born, except such as has devolv ed
on such children on condition that it shall be administered sol ely by
one of the parents or by third parties.
(2) Acts of ordinary administration may however be performed
by either of the parents without the intervention of the other.
(3) Acts of extraordinary administration which must be
performed by the paren ts jointly include -
(a) the alienation of movables by nature, including motor
vehicles for the object of profitably investing the
proceeds thereof;
(b) the collection of capit als that may become due;
(c) the granting of personal rights of enjoyment over
immovable property;
(d) the acceptance of an inheritance, legacy or donation in
the name of the child;
(e) the partition of movables by nature;
(f) acts which require the authorisation of the court in
terms of sub-article (4) of this article.
(4) The parents may not alienate immovables or movables by
70 [CAP. 16. CIVIL CODE
operation of law belonging to the child nor may they contract l oans
or other debt, on his behalf hypothecate or pledge his property ,
enter into a suretyship, enter into any compromise, or submit a
dispute to arbitration except in case of necessity, or manifest utility
and with the authority of the court and in any such case the co urt
may, at the request of the parents, authorise one only of the p arents
to represent the child on the relative deed.
(5) In case of disagreement betw een the parents the provisions
of article 131 shall apply.
Acceptance of
inheritance.
Amended by:
XLVI.1973.24;
XXX.1981.7;
XXI.1993.52.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.