Civil Code (Cap. 16)

Civil Code (Cap. 16), article 146

Official PDF on legislation.mt

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.

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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.