Civil Code (Cap. 16)

Civil Code (Cap. 16), article 142

Official PDF on legislation.mt

142. The following property shall not be subject to the legal usufruct: (a) property bequeathed or given to the child on condition that the parents or either of them shall not have the usufruct thereof: Provided that any such condition shall be inoperative in regard to property reserved to the child by way of reserved portion: Provided further that where the property is bequeathed or given to the child on condition that only one of the parents shall not have the usufruct thereof, such property shall be subject to the usufruct of the other parent, sohowever that in any such case, the fruits of such property shall not be comprised in any community of acquests subsis ting between the parent e n j o y i n g t h e u s u f r u c t and the parent excluded therefrom; (b) property given to the child to undertake a career, an art or a profession; (c) property devolved on the child by inheritance, legacy or donation where such inh eritance, legacy or donation has been accepted in the int erest of the child against the wishes of the parents: Provided that where such property has been accepted on behalf of the child by one parent against the wishes of the other parent, such property shall be subject to the usufruct of only that parent who made the acceptance; sohowever that in any such case, the fruits of such property shall not be comprised in any community of acquests subsis ting between the parent accepting such inheritan ce, legacy or donation as aforesaid, and the paren t who has not so accepted; (d) property which the child may have acquired by his own work or his own separate industry. Obligations to which usufruct of parents is subject. Amended by: XXI.1993.57.

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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.