Civil Code (Cap. 16)

Civil Code (Cap. 16), article 136

Official PDF on legislation.mt

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.

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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.