Civil Code (Cap. 16)
Civil Code (Cap. 16), article 146
146. (1) In the event of the death of one of the parents,
parental authority shall vest solely in the surviving parent in
respect of his or her children and their property, including property
devolving on the children from the property of the deceased parent
and from any other cause after the death of the predeceased parent.
(2) The provisions of sub-article (1) of this article shall also
apply where one of the parents has forfeited or been deprived of
p a r e n t a l a u t h o r i t y, o r c a n n o t , b e c a u s e o f a b s e n c e o r o t h e r
impediment, exercise the rights of parental authority.
(3) If either of the parents is deprived of the right of usufruct
only, such right shall vest in the other parent alone.
(4) Where one parent is deprived of the usufruct, the fruits of
such usufruct shall not be comprised in any community of acquests
subsisting between that parent and the parent who has not been so
deprived.
Where parent
remarries and
continues to
administer
property.
Substituted by:
XLVI.1973.26;
XXI.1993.59.
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.