Civil Code (Cap. 16)

Civil Code (Cap. 16), article 189

Official PDF on legislation.mt

189. (1) A major who is a person with a mental disorder or other condition, which renders him incapable of managing his own affa irs, or who is insane or prodigal, may b e interdicted or incapacitated from doing certain acts, as provided i n articles 520 to 527 inclusiv e, of the Code of Organization and Civil Procedure . (2) The same shall apply in regar d to the minor referred to in article 156. (3) The demand for interdiction or incapacitation may be made 84 [CAP. 16. CIVIL CODE not only by the persons mentioned in article 521 of the Code of Organization and Civil Procedure , but also by any person related by affinity who, under the provisions of this Code, might be compe lled to supply maintenance to the person who has a mental disorder o r other condition, which renders him incapable of managing his ow n affairs, or is insane or prodigal. (4) For the purposes of this Title, and for the purposes of the provisions of articles 597, 752, 1034, 1035 and 1036: (a) "other condition", where used in the context of a condition that renders a person incapable of managing his own affairs, means a long-term physical, mental, intellectual or sensory impai rment which in interaction with various barriers ma y hinder one’s full and effective participation in soc iety on an equal basis with others; and Cap. 525. (b) "mental disorder" shall hav e the meaning assigned to it in the Mental Health Act : Provided that any reference in such definitions to "disability of mind" or "arrested or incomplete development of mind" shall not be construed to mean a mental disorder for the purposes of this Title and such provisions. Deaf-mutes or blind. Cap. 12.

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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.