Provided that both parents, or one of the parents where the other parent is deceased, or the tutor or curator where both parents are deceased, shall deliver, or cause to be delivered to the Director of the Public Registry, Form WW contained in Part II of the First Schedule to this Code, showing that the child is to assume a new surname in terms of this article:
\n
Provided further that such note may not be made after the lapse of five (5) years after the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020:
\n
Provided further that where the child is of age, Form WW shall be delivered to the Director of the Public Registry by that child:
\n
Provided further that upon receipt of such Form, the Act No. LXII of 2020.
\n
Act No. LXII of 2020.
\n
CIVIL CODE Director of the Public Registry shall make an annotation of this declaration on those acts of civil status where that child appears.
\n
(7)The provisions of sub-article (6) shall also apply to any child conceived and born out of wedlock in respect of whom Form W had been submitted to the Director of the Public Registry.
\n
(8)The declaration made by means of Form WW shall be irrevocable and shall only have effect on the surname of the child conceived and born out of wedlock.
\n
(9)The spouse and descendants of the person in respect of whom Form WW had been submitted to the Director of the Public Registry, may, by not later than three (3) years following the date of submission of Form WW, also submit to the Director of the Public Registry Form XX contained in Part II of the First Schedule to this Code, declaring that they wish to use the same surname as their spouse’s or ascendant’s surname as duly annotated in the respective acts of civil status by virtue of sub-article (6). Upon receipt of such form the Director of the Public Registry shall make an annotation of this declaration on every act of the civil status of the person in respect of whom Form XX has been submitted:
\n
Provided that where the child is under the age of eighteen (18) the declarations made by means of Form XX shall be made by the parents, or by one of the parents if the other is deceased, or, if both parents are deceased, by their tutor or curator:
\n
Provided further that where Form XX is submitted by the spouse, such declaration shall not affect the surname as indicated in that spouse’s Act of Birth.
\n
(10)The provisions of sub-article (9) shall also apply to any descendant in respect of whom Form X had been submitted, and to the spouse of the descendant who has submitted Form XX.
\n
(11)For the purposes of this article, a declaration of parenthood by a judgment of the competent court shall have the same effect as an acknowledgment.
\n
(12)Notwithstanding the provisions of this article or of any other article in this Code, where the parenthood of a person has been acknowledged, the filiation of a person has been declared by the Court, or the presumption referred to in articles 101 to 112 has been made to apply, any person who in consequence of such acknowledgement, declaration, or the application of the presumption, is to assume a surname other than the surname used before such acknowledgement, filiation, or application of the presumption, or his legitimate representative may by means of an application against the Director of the Public Registry request the competent court to be allowed to continue to use such other surname, and the court, if satisfied that third parties will not be prejudiced thereby, and, where the application has been done on behalf of the minor, that such use CIVIL CODE [CAP. 16. 47 shall be in the best interest of the minor, shall accede to such request and order the Director to make an annotation of its decision on the relevant Act of Birth of the person so acknowledged, or whose filiation has been so declared, or in relation to whom the said presumption is to apply.
\n
(13)For the purposes of this article, \"surname\" shall include the surname of the parent at birth or the surname of the parent at the time of the child’s birth.
\n
Art. 93
\n
93.Without prejudice to the provisions of article 89, parents of children conceived and born out of wedlock shall have in respect to such children and their descendants the same duty to maintain and e d u c a t e t h e m a s t h e y h a v e w i th r e g a r d t o ch i l d r e n b o r n o r conceived in wedlock, and such children shall have in respect of their ascendants and other relatives the same rights and duties as children born or conceived in wedlock.
\n
Art. 94
\n
94.Repealed by: XVIII.2004.15.
\n
Art. 95
\n
Repealed by: XVIII.2004.15.
\n
Duty of parents and children conceived and born out of wedlock.
\n
Amended by:
\n
XXXI.1965.3;
\n
XXI.1993.43.
\n
Substituted by:
\n
XVIII.2004.15.
\n
Where paternity is declared by judgment of the court.
\n
Substituted by:
\n
XXXI.1965.4.
\n
Obligation of mother.
\n
Amended by:
\n
XXXI.1965.5.
\n
Art. 96
\n
96.The parent, whether he or she has acknowledged the child or not, may deny maintenance if such child refuses, without just cause, to follow the directions of the parent in regard to his conduct and education.
\n
Rights of parent to refuse maintenance where child refuses to follow directions of parent.
\n
Amended by:
\n
XXXI.1965.6;
\n
XXI.1993.44.
\n
Art. 97
\n
97.It shall also be lawful for the parent, whether he or she has acknowledged the child or not, to deny maintenance to the child, if such child refuses to live in the house which the parent for just cause and with the approval of the court has appointed for his habitation, as also in any other case in which according to law it is competent to a parent to refuse maintenance to a child conceived or born in wedlock.
\n
Rights of parent to refuse maintenance where child refuses to live in house appointed by the parent.
\n
Amended by:
\n
XXXI.1965.7;
\n
XXI.1993.45;
\n
XVIII.2004.16.
\n
Art. 98
\n
Repealed by: XVIII.2004.17.
\n
Duties of illegitimate child in respect of maintenance.
\n
Art. 99
\n
99.An acknowledgment of a child conceived or born in wedlock may be impeached by the child as well as by any other party interested.
\n
Acknowledgement may be impeached by child.
\n
Amended by:
\n
XVIII.2004.18.
\n
Art. 100
\n
100.A judicial demand for a declarator of paternity or maternity may also be contested by any party interested.
\n
Any party interested may contest demand for declarator of paternity.
\n
Genetic proof.
\n
Added by:
\n
XXI.1993.46.
\n
Substituted by:
\n
XV.2012.9.
\n
Parenthood in civil unions.
\n
Added by:
\n
IX.2014.12.
\n
CIVIL CODE
\n
Art. 100A
\n
100A. In causes to which this Sub-Title makes reference, the court may, without prejudice to any evidence that may be produced by the parties according to law, requires the parties to submit to examinations as referred to in article 70A, and in the same manner and in the same circumstances.
\n
Art. 100B
\n
100B. (1) Children adopted jointly by partners to a civil union contracted between persons of the same sex under the Civil Unions Act, or recognised by the said Act shall, notwithstanding the other provisions of this Code or of any other law, be recognised for all intents and purposes of law as having parents of the same sex and all rights and obligations of parents towards their children and of children towards their parents under this Code or under any other law shall apply to such children and parents.
\n
(2)Whenever a law or administrative measure requires a person to declare the name or other particulars of the mother or the father, a person adopted jointly by partners in a civil union as referred to in sub-article (1) shall be entitled to declare the names or other particulars of the two partners in the said civil union instead of the said particulars of the mother or the father.
\n
Substituted by:
\n
XVIII.2004.19. § II. O F THE PRESUMPTION THAT A PERSON WAS CONCEIVED OR BORN IN WEDLOCK Where presumption arises.
\n
Amended by:
\n
IX.2004.14.
\n
Substituted by:
\n
XVIII.2004.20.
\n
Art. 101
\n
101.Where parents of children conceived and born out of wedlock subsequently marry, or where the court of voluntary jurisdiction so decrees, such children shall be deemed iuris et de iure to have always been conceived or born in wedlock.
\n
Conditions for presumption.
\n
Amended by:
\n
XVIII.2004.21;
\n
LXV.2020.15.
\n
Art. 102
\n
102.The presumption arising out of subsequent marriage in accordance with the preceding article shall not take place unless the children have been acknowledged by both parents by means of a declaration in the act of marriage, or otherwise as provided in subarticle (1) of article 87, or unless their paternity and maternity have been declared by a judgment of the court:
\n
Effects of presumption as a consequence of subsequent marriage.
\n
Amended by:
\n
XVIII.2004.22.
\n
Where acknowledgement or declarator takes place after marriage.
\n
Amended by:
\n
XVIII.2004.23.
\n
Provided that the family name chosen by the parents upon their marriage may also be adopted by the children who shall be deemed iuris et de iure to have always been conceived or born in wedlock by virtue of that marriage.
\n
Art. 103
\n
103.Children deemed to have been conceived or born in wedlock by subsequent marriage of their parents shall be vested with the rights of children conceived or born in wedlock as from the day of the celebration of the marriage, if they shall have been acknowledged on that day or previously, or if their filiation shall have been declared before the marriage by a judgment of the court.
\n
Art. 104
\n
104.Where the acknowledgment or judicial declarator takes place after the marriage, the children shall only acquire the rights of children conceived or born in wedlock as from the day of such acknowledgment or declarator.
\n
CIVIL CODE
\n
Art. 105
\n
105.The marriage of the parents shall bring about the presumption that even their predeceased children were conceived or born in wedlock, and such presumption shall also operate in favour of the descendants of the latter, whether conceived or born in wedlock, or so presumed to be by subsequent marriage, provided such predeceased children shall have been acknowledged as provided in article 102, or their paternity or maternity shall have been declared by a judgement of the Court.
\n
Art. 106
\n
106.The presumption in virtue of a decree of the court shall take effect by virtue of the decree itself, and no other act shall be required. For the purposes of this article \"the court\" means such court or courts as may be prescribed by or under any law in force from time to time.
\n
Art. 107
\n
The presumption referred to in the last preceding article may not be granted unless (a) it is demanded by the parent wishing to have such presumption apply to the child; and (b) where such parent is married, it is proved that his or her spouse has given his or her consent thereto; and [CAP. 16. 49 Descendants of children presumed to be conceived or born in wedlock in consequence of subsequent marriage.
\n
Substituted by:
\n
XVIII.2004.24.
\n
The presumption in virtue of decree of court.
\n
Amended by:
\n
III.2004.118;
\n
XVIII.2004.25.
\n
Conditions for presumption in virtue of decree of the competent court.
\n
Amended by:
\n
IX.2004.14;
\n
XVIII.2004.26. (c) the consent of the child, if of age, or his welfare, if a minor, is proved.
\n
Art. 108
\n
108.The Court shall have power, according to circumstances, to refuse to apply the presumption in virtue of a decree of the said court in accordance with article 102, where the applicant can make such presumption applicable in favour of his child by subsequent marriage, or has children who were conceived or born in wedlock, or so presumed by subsequent marriage, or descendants of such children.
\n
Art. 109
\n
109.The presumption shall, upon the demand of the registrar of the said court, be registered in the Public Registry, as provided under articles 290 and 291 within fifteen (15) days from the date of notification of the decree to the Director of the Public Registry, unless it has already been registered upon the demand of any other person.
\n
Power of court to refuse presumption.
\n
Substituted by:
\n
XVIII.2004.27.
\n
Art. 110
\n
110.Subject to the provisions of article 92, a child in whose favour there is a presumption in virtue of a decree of the competent court shall assume:
\n
Surname to be assumed by child presumed to have been conceived or born in wedlock in virtue of decree of court.
\n
Amended by:
\n
XXI.1993.47;
\n
XVIII.2004.29;
\n
XXIII.2017.45;
\n
Substituted by:
\n
LXV.2020.17. (a) the family name adopted by the spouses in terms of article 4, where the presumption has taken place upon the demand of either one of the parents, or both parents together; or (b) the surname of any of the parents, or the surname of both parents, in the order they choose, where the presumption has taken place upon the demand of either one of the parents, or both parents together, and their marriage was contracted prior the coming into force of the Marriage Act and other Laws (Amendment) Act, 2017; or Registrar of court to cause registration of presumption.
\n
Amended by:
\n
XVIII.2004.28;
\n
LXV.2020.16.
\n
Act XXIII of 2017.
\n
Effects of presumption in virtue of decree of court as between parent and child.
\n
Amended by:
\n
XVIII.2004.30.
\n
CIVIL CODE (c) the surname chosen by both parents in virtue of Form Y contained in Part II of the First Schedule to this Code, as appropriate.
\n
Art. 111
\n
111.(1) Subject to any other provision of this Code in regard to succession, the parent and the child in whose favour operates a presumption in virtue of article 102 shall, as from the date of the decree, be in respect to each other in the same condition as a parent and a child conceived or born in wedlock.
\n
(2)Such child shall not acquire any other right deriving from consanguinity.
\n
Child may demand presumption after death of parent.
\n
Substituted by:
\n
XVIII.2004.31.
\n
Substituted by:
\n
XXI.1962.2.
\n
Interpretation.
\n
Amended by:
\n
XLVI.1973.21.
\n
III.2004.119;
\n
XVIII.2004.32;
\n
IV.2008.29.
\n
XXVIII.2024.3.
\n
Art. 112
\n
112.Where one of the parents has, in a will or other public deed, declared his or her wish to have the presumption that a child was conceived or born in wedlock, applicable to a child born to him or her out of wedlock, such child may, after the death of such parent, make a demand to have such presumption applicable in his regard, saving the power of the court as provided in article 108, in case the deceased shall have left children, conceived or born in wedlock, or so presumed to be in virtue of a subsequent marriage.
\n
Title III
\n
O F A DOPTION
\n
Art. 113
\n
113.(1) For the purposes of this Title and of any regulations made thereunder a person shall be deemed to make or participate in arrangements for the adoption of a person if he enters into or makes any agreement or arrangement for, or for facilitating, the adoption of a person by any other person.
\n
(2)In this Code and in any other law, unless the context otherwise requires - (a) any reference to a person or persons related to another person in any line or degree shall, in respect of an adopter or an adopted person or in tracing the relationship through an adopter or an adopted person, be construed as a reference to the person or persons who would be so related to him if the adopted person were the child of the adopter born to him or her in lawful wedlock and were not the child of any other person, and without prejudice to the generality of this provision, any reference to the name, names or surname of the parent or parents of an adopted person shall be construed as a reference to the name, names or surname of the adoptive parent or parents; (b) \"adoption\" means an adoption effected under this Code and in accordance with the provisions of the Adoption Administration Act and, subject to such conditions and other provisions, and with effect from such date, if any, as may be contained in an order made by the Minister under this sub-article, includes an CIVIL CODE intercountry adoption; and grammatical variations thereof or cognate expressions shall be construed accordingly; (c) \"Adoption Board\" shall have the same meaning assigned to it by article 2 of the Adoption Administration Act; (d) \"children conceived and born out of wedlock\" means children so conceived and so born or such children in whose favour the presumption referred to in articles 101 to 112 of this Code does not apply, and who have not in either case been adopted; (e) \"family mediator\" means a mediator as specified in the Civil Court (Family Section), the Civil Court (General Jurisdiction) and the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section) Regulations; (f) \"foster carer\" shall have the same meaning as assigned to it in article 2 of the Minor Protection (Alternative Care) Act; (g) \"intercountry adoption\" shall have the meaning assigned to it by article 2 of the Adoption Administration Act; (h) \"social worker\" shall have the meaning assigned to it by article 2 of the Social Work Profession Act; (i) \"Adoption Service within the Directorate for Alternative Care (Children and Youth)\" shall have the same meaning as assigned to it in article 2 of the Adoption Administration Act.
\n
(3)For the purposes of this Title, unless the context otherwise requires: (a) \"accredited agency\" shall have the same meaning assigned to it by article 2 of the Adoption Administration Act; (b) \"Board of Appeal\" shall have the same meaning assigned to it by article 2 of the Adoption Administration Act; (c) \"central authority\" shall have the same meaning assigned to it by article 2 of the Adoption Administration Act; [CAP. 16. 51 S.L. 12.20 (d) \"child\" means a person under eighteen years of age; (e) \"country of origin\" in respect of intercountry adoption shall mean the country from which a child is adopted; (f) \"Hague Convention\" means the Convention on Protection of Children and Co-Operation In Respect of Intercountry Adoption; (g) \"open adoption\" shall have the same meaning assigned to it by article 2 of the Adoption Administration Act.
\n
Power to make adoption decrees.
\n
Amended by:
\n
IX.2004.14;
\n
IV.2008.30;
\n
XX.2010.2.
\n
XV.2017.52;
\n
XXVII.2020.35.
\n
Act No. XXVII of 2020.
\n
Act No. XXVII of 2020.
\n
Act No. XXVII of CIVIL CODE
\n
Art. 114
\n
114.(1) Adoption may only take place with the authority of the competent court (hereinafter in this Title referred to as \"the court\") granted by decree (hereinafter referred to as \"an adoption decree\") following a recommendation made by the Adoption Board, made on the application of a person of either sex.
\n
(2)An adoption decree may be made on the application of two spouses, civil union partners or cohabitants whose cohabitation is regulated by means of a contract in accordance with the Cohabitation Act, or of cohabitants whose cohabitation is enrolled by means of a public deed under the Cohabitation Act, 2020, authorizing them jointly to adopt a person and may not be made on the application of only one of such spouse, civil union partner or cohabitant:
\n
Provided that, where the person to be adopted is the natural offspring of either of the spouses, a civil union partner or a cohabitant in a cohabitation registered under the Cohabitation Act or enrolled by means of a public deed under the Cohabitation Act, 2020, in that eventuality, subject to the provisions of article 115(3)(c), the adoption decree may be made notwithstanding that the application is filed only by the natural parent of the person to be adopted and the Court shall not be bound to request or review the recommendation of the Adoption Board.
\n
(3)Save in the case of two spouses living together civil union partners , cohabitants whose cohabitation is registered under the Cohabitation Act and cohabitants whose cohabitation is enrolled by means of a public deed under the Cohabitation Act, 2020, an adoption decree shall not be made authorizing more than one applicant to adopt a person.
\n
(4)An adoption decree may be made in respect of a person who has already been the subject of an adoption decree under this Title; and in relation to an application for an adoption decree in respect of such a person, the adopter or adopters under the previous or last previous adoption decree shall be deemed to be the parent or parents of that person for all the purposes of this Title.
\n
(5)In the case of a person who has attained the age of eighteen years and who is to be adopted in accordance with article 115(2)(a), no recommendation shall be required from the Adoption Board and no social worker and, or children’s advocate shall be appointed.
\n
Agreement of open adoption.
\n
Added by:
\n
XXVIII.2024.4.
\n
Art. 114A
\n
114A. (1) When an application for an open adoption is made, the Court shall refer the case to the Adoption Service within the Directorate of Alternative Care (Children and Youth) who shall invite all parties, including the Children’s Advocate, the person or entity entrusted with the care and custody of the minor, where this is not vested in the parents, the parents and the prospective adoptive parents to draw up an agreement of open adoption.
\n
(2)The agreement of open adoption shall be presented to the Court for approval by not later than thirty (30) working days from the date when the case is referred to the Adoption Service within the CIVIL CODE [CAP. 16. 53 Directorate of Alternative Care (Children and Youth).
\n
(3)When no agreement is reached as referred to in sub-article
\n
(2), the Adoption Service within the Directorate of Alternative Care (Children and Youth) shall notify the Court by means of a note.
\n
(4)In the cases referred to in sub-article (3), the Court shall refer the case to a family mediator, who shall invite all parties for a meeting within ten (10) working days:
\n
Provided that all parties, including the person or entity entrusted with the care and custody of the minor, where this is not vested in the parents, the parents and the prospective adoptive parents shall participate during such mediation to draw up an agreement of open adoption:
\n
Provided further that the mediator may hear the minor, where the minor has sufficient understanding, with the presumption that the minor has sufficient understanding unless proof is brought to the contrary:
\n
Provided further that where parties disagree on the agreement of open adoption, the Court shall set a date to hear all parties and shall decide upon the agreement of open adoption in its final decree.
\n
(5)The open adoption agreement shall be presented to the Court for approval by not later than thirty (30) working days from the date when the case is referred to a family mediator by the Court.
\n
(6)The Court may order that any changes are made to the open adoption agreement, if it is in the best interest of the minor.
\n
Art. 115
\n
115.(1) An adoption decree shall not be made unless the a p p l i c a n t o r, i n t h e c a s e o f a j o i n t a p p l i c a t i o n , o n e o f t h e applicants (a) has attained the age of twenty-eight years and is at least twenty one years older but not more than fifty (50) years older than the person to be adopted:
\n
Provided that if the applicant or applicants request the court for authorisation to adopt siblings, the restriction mentioned in this paragraph shall be deemed to be satisfied if there is the required age difference at least with regards to one of the children, and if the adoption will be in the best interests of all the siblings involved; or (b) is the natural parent of the person to be adopted and has attained majority; or Restrictions on making of adoption decrees.
\n
Substituted by:
\n
VII.1977.2.
\n
Amended by:
\n
XVIII.2004.33;
\n
IV.2008.31 XV.2017.53;
\n
XXIII.2017.46;
\n
XXIV. 2018.12;
\n
XXVII.2020.36;
\n
XXVIII.2024.5.
\n
CIVIL CODE (c) in favour of a foster carer who has fostered the person to be adopted for at least the preceding five (5) years, or three (3) years in extraordinary circumstances in accordance with article 54 of the Minor Protection (Alternative Care) Act.
\n
(2)An adoption decree shall not be made (a) in respect of a person who has attained the age of eighteen years except: (i) Act No. XXVII of 2020. in favour of a sole applicant who is the natural parent of the person to be adopted; or (ii) in favour of the parent and the spouse, the civil union partner or the cohabitant whose cohabitation is registered under the Cohabitation Act, or the cohabitant whose cohabitation is enrolled by means of a public deed under the Cohabitation Act, 2020, if the person to be adopted has lived with the said applicants for at least five (5) consecutive years and consents to the adoption; (iii) in favour of a foster carer who has fostered the person to be adopted for at least the preceding five
\n
(5)years, or three (3) years in extraordinary circumstances in accordance with article 54 of the Minor Protection (Alternative Care) Act, if the person to be adopted consents to the adoption; (b) in favour of a person who is in holy orders or bound by solemn religious vows; or (c) in favour of a tutor in respect of the person who is or was under his tutorship, except after having rendered an account of his administration or given adequate guarantee of the rendering of such account.
\n
(3)Subject to the provisions of article 117, an adoption decree shall also not be made (a) in any case, other than the case of a person conceived and born out of wedlock, except with the consent of every person who is a parent of the person to be adopted and is alive, even if the parent has not yet attained eighteen years of age; (b) in the case of a person conceived and born out of wedlock, except with the consent of the person who gave birth to the child if such person is alive, even if she has not attained eighteen years of age as well as the natural father, if he has acknowledged the person to be adopted as his child; (c) on the application of one of two spouses under the provisions of sub-article (2) of article 114, except with the consent of the other spouse; (d) when the person to be adopted has attained the age of eleven years, except with his consent and after having been assisted by a children’s advocate.
\n
CIVIL CODE [CAP. 16. 55
\n
(4)Subject to the provisions of article 117, before an adoption decree is made the court shall (a) hear any person or any other entity who has been entrusted with the care and custody of the child to be adopted; (b) Repealed by Act XXVIII.2024.5. (c) where the person to be adopted is under tutorship or is living with a person who is not his parent but who has his care and custody in fact, hear the tutor or the person who has such care and custody in fact, as the case may be; (d) hear the child’s advocate and, or social worker appointed by the court to protect the best interests of the child and to secure his representation.
\n
Art. 116
\n
116.(1) Except where the applicant or one of the applicants is a parent of the person to be adopted, an adoption decree shall not be made unless the person to be adopted has been continuously in the care and possession of the applicant for at least three consecutive months immediately preceding the date of the adoption decree, not counting any time before the date which appears to the court to be the date on which the person to be adopted attained the age of eight
\n
(8)weeks:
\n
Provided that, prior to the making of the adoption decree, the applicant or applicants may request the court to grant temporary care and custody of the child to be adopted:
\n
Provided further that in the case of intercountry adoptions as defined in article 2 of the Adoption Administration Act, an adoption made in accordance with the adoption procedures under this Code and any regulations made thereunder and the Adoption Administration Act, and certified by the competent authority of the country of adoption as having been made lawfully in that country may be recognised in Malta by means of an adoption decree notwithstanding that the person to be adopted has not been continuously in the care and possession of the applicant for at least three consecutive months immediately preceding the date of the adoption decree.
\n
(2)During the three month period specified in sub-article (1), the accredited agency responsible for the adoption placement shall take any measures it deems expedient to ensure that the placement with the applicant or applicants is in the best interests of the child and if the placement is not deemed to be in the best interests of the child, the accredited agency shall ask the Adoption Board to seek authorisation from the court for the removal of the child from the placement.
\n
(3)Where an application for adoption is pending in any court, any parent of the person to be adopted who has signified his consent to the making of an adoption decree in pursuance of the application and any tutor shall not be entitled, except with the leave of the court, to remove the person to be adopted from the care and possession of the applicant; and in considering whether to grant or Care and possession of persons to be adopted before adoption.
\n
Substituted by:
\n
VII.1977.3.
\n
Amended by:
\n
IV.2008.32;
\n
XX.2010.3;
\n
XXVIII.2024.6.
\n
CIVIL CODE refuse such leave the court shall have regard to the welfare of the person to be adopted.
\n
Power to dispense with consent.
\n
Amended by:
\n
XXXVIII.1972.2;
\n
L. 1981.2;
\n
IV.2008.33.
\n
Art. 117
\n
117.(1) The court may dispense with any consent or with any hearing required by article 115 if it is satisfied (a) in the case of a dispensation with any such consent, that: (i) the person who is required to give his consent is incapable of giving such consent; or (ii) the parent cannot be found or has abandoned, neglected or persistently ill-treated, or has persistently either neglected or refused to contribute to the maintenance of the person to be adopted or had demanded or attempted to obtain any payment or other reward for or in consideration of the grant of the consent required in connection with the adoption; or (iii) either of the parents are unreasonably withholding their consent; or (iv) either of the parents may be deprived of parental authority over the child to be adopted in accordance with article 154(1); or (v) the child to be adopted is not in the care and custody of either of the parents and the Adoption Board declares that there is no reasonable hope that the child may be reunited with his mother and, or father; or (vi) the parent or parents have unjustifiably, not had contact with the child to be adopted for at least eighteen months; or (vii) it is in the best interests of the child to be adopted for such consent to be dispensed with; or (b) in the case of a dispensation with any such hearing, that the person who is required to be heard cannot be found or is incapable of expressing his views; or (c) that in view of special and exceptional reasons and taking into account the interests of all persons concerned, it is proper for it to dispense with any such hearing and consent.
\n
(2)The court may dispense with the consent of the spouse of an applicant for an adoption decree if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving the consent, or that the spouses have separated and are living apart and that the separation is likely to be permanent.
\n
(3)The consent of any person in accordance with the provisions of paragraph (a) of sub-article (3) of article 115 to the making of an adoption decree in pursuance of an application may be given (subject to conditions with respect to the religious CIVIL CODE [CAP. 16. 57 persuasion in which the person to be adopted is to be brought up) without knowing the identity of the applicant for the decree.
\n
(4)The Court may dispense with any consent or hearing required for adoption following a request by a children’s advocate on behalf of a child who has attained eleven years of age and who would like to be adopted.
\n
Art. 118
\n
118.(1) Where any parent or the person to be adopted does not attend in the proceedings on an application for an adoption decree for the purpose of giving his consent to the making of the decree, then, subject to the provisions of sub-articles (2) and (3) of this article, a document signifying his consent to the making of such a decree and his understanding of the nature and effect of such a decree shall, if the person in whose favour the decree is to be made is named in the document or (where the identity of that person is not known to the consenting party) is distinguished therein in the prescribed manner, be sufficient evidence of that consent and of his understanding the nature and effect of the decree, whether the document is executed before or after the commencement of the proceedings; and where any such document is attested as mentioned in paragraph (b) of sub-article (2) of this article, it shall be sufficient evidence as aforesaid without further proof of the signature of the person by whom it is executed.
\n
Evidence of consent.
\n
Amended by:
\n
XXVIII.1963.2;
\n
XXXVIII.1972.3;
\n
VII.1977.4;
\n
XXVIII.2024.7.
\n
(2)A document signifying the consent of the both parents of a person to be adopted shall not be sufficient evidence under this article unless (a) the person to be adopted is at least eight (8) weeks old on the date of the execution of the document; and (b) the document is attested on that date by a Commissioner for Oaths or an advocate or a notary or, if executed outside Malta, by a person of any such class as may be prescribed.
\n
(3)A document signifying the consent of the person to be adopted shall not be sufficient evidence under this article unless the person in whose favour the decree is to be made is named in the document.
\n
(4)For the purposes of this article, a document purporting to be attested as mentioned in paragraph (b) of sub-article (2) of this article shall be deemed to be so attested, and to be executed and attested on the date and at the place specified therein, unless the contrary is proved.
\n
Art. 118A
\n
118A. In all cases where the parents of a minor show their intention that the minor is given up for adoption, with the aim that such minor is eventually adopted, the Director (Child Protection) shall be notified and a social contract in accordance with article 12 of the Minor Protection (Alternative Care) Act shall be drawn up, which care plan may include a temporary placement in alternative care for the minor with the aim of allowing the parents to understand all the legal effects that result from the adoption of the minor:
\n
Placing a minor in alternative care before being given up for adoption.
\n
Added by:
\n
XXVIII.2024.8.
\n
CIVIL CODE Provided that where applicable, the Director (Child Protection) shall investigate whether any members of the extended family are willing to provide adequate care to the minor.
\n
Function of court as to adoption decrees.
\n
Amended by:
\n
IV.2008.34;
\n
XXVIII.2024.9.
\n
Art. 119
\n
satisfied - The court before making an adoption decree shall be (a) that every person whose consent is necessary for the making of the adoption decree and whose consent is not dispensed with, has consented to and understands the nature and effect of the adoption decree for which application is made; and in particular in the case of any parent that he understands that the effect of the adoption decree will be permanently to deprive him or her of his or her rights in respect of the person to be adopted; (b) that the decree if made will be for the welfare of the person to be adopted; (c) that the applicant has not received or agreed to receive, and that no person has made or given or agreed to make or give to the applicant, any payment or other reward in consideration of the adoption except such as the court may sanction; (d) that due consideration has been given to the recommendations of the Adoption Board.
\n
(2)In determining whether an adoption decree if made will be for the welfare of the person to be adopted, the court shall have regard (among other things) to the health of the applicant, as evidenced, in such cases as may be prescribed, by the certificate of a registered medical practitioner, and shall give due consideration to the wishes of the person to be adopted, having regard to his age and understanding and to the religious persuasion of such person and of his parents.
\n
(3)The court in an adoption decree may impose such terms and conditions as the court may think fit, and in particular may require the adopter to make for the person to be adopted such provision (if any) as in the opinion of the court is just and expedient.
\n
(4)If it is in the minor’s best interest, the Court shall, when making the adoption decree, authorise an agreement of open adoption which has been drawn up by the parties together with the Adoption Service within the Directorate of Alternative Care (Children and Youth) or before a mediator, where the parents and, or the natural family of the minor shall maintain contact with the minor:
\n
Provided that the Court shall ensure that the agreement of open adoption was drawn up with the consent of all parties:
\n
Provided further that the Court shall take into consideration the views of the minor if he possesses sufficient understanding:
\n
Provided further that an open adoption may include, but CIVIL CODE [CAP. 16. 59 shall not be limited to physical access, contact through electronic means or any other form of correspondence:
\n
Provided further that every open adoption agreement shall be drawn up with due consideration to the minor’s best interest:
\n
Provided further that open adoption shall give the right of access between siblings, even when one of the siblings has been adopted:
\n
Provided further that the minor shall give his consent when he has attained the age of eleven (11) years:
\n
Provided further that any amendments to the agreement of open adoption shall not have any effect before they are authorised by the Court.
\n
Art. 120
\n
120.(1) Upon an application for an adoption decree of a person to be adopted, the court shall appoint such person as may be prescribed to act as special curator of the person to be adopted with the duty of safeguarding the interests of the person to be adopted before the court.
\n
Curator.
\n
Amended by:
\n
VII.1977.5;
\n
IV.2008.35;
\n
XXVIII.2024.10.
\n
(2)Following an application for an adoption decree of a minor, the Court shall appoint a Children’s Advocate to ensure that the minor is adequately represented and his best interests are safeguarded.
\n
Art. 120A
\n
120A. Without prejudice to the functions of the Children’s Advocate under any other law, the Children’s Advocate shall: (a) hear the wishes and views of the minor;
\n
Children’s Advocate.
\n
Added by:
\n
XXVIII.2024.11. (b) submit the wishes and views of the minor to the Court as relayed to him by the minor himself, or by other professionals working with the minor; (c) give advice and explanation to the minor on the ongoing proceedings and the effects that such proceedings may have; (d) in cases of open adoption, hear the wishes and views of the minor regarding the agreement of open adoption and submit such wishes and views, either orally or in writing during proceedings in accordance with article 114A.
\n
Art. 121
\n
Upon an adoption decree being made (a) the person in respect of whom the adoption decree is made shall be considered with regard to the rights and obligations of relatives in relation to each other, as the child of the adopter or adopters born to him, her or them in lawful wedlock and as the child of no other person or persons, relationship being traced through the adopter or adopters;
\n
Rights and duties.
\n
Amended by:
\n
XLVI.1973.20;
\n
XXI.1993.48;
\n
IV.2008.36.
\n
CIVIL CODE (b) the relatives of the person in respect of whom the adoption decree is made shall lose all rights and be freed from all obligations with respect to such person; (c) the tutor, if the person in respect of whom the adoption decree is made is placed under tutorship, shall terminate his administration and, within three months from the date of the adoption decree, render an account thereof to the adopter; (d) the parents shall, in the case of an open adoption, retain the right to maintain contact with the person in respect of whom the adoption decree is made; (e) the court shall inform the competent authorities that the adoption decree has terminated the care order if an adoption decree has been made in favour of a child who is under a care order issued by virtue of the Children and Young Persons (Care Orders) Act.
\n
Service of adoption decree.
\n
Added by:
\n
XXVIII.2024.12.
\n
Art. 121A
\n
121A. Upon an adoption decree being made, a copy shall be served upon the Central Authority:
\n
Judgments, decrees or orders for payment of maintenance.
\n
Amended by:
\n
VII.1977.6;
\n
XVIII.2004.34;
\n
IV.2008.37.
\n
Art. 122
\n
122.(1) Where an adoption decree is made, any judgement, decree or order for the payment of maintenance in force with respect to that person, and any agreement whereby the parent of that person has undertaken to make payments specifically for his benefit, shall cease to have effect, but without prejudice to the recovery of any arrears which are due under the judgment, decree, order or agreement at the date of the adoption decree.
\n
Provided that in case of local adoptions, a copy of the adoption decree shall also be served upon the Directorate of Alternative Care (Children and Youth).
\n
(2)After an adoption decree has been made in respect of a person who is conceived and born out of wedlock, no judgment, decree or order for the payment of maintenance shall be made.
\n
Property rights.
\n
Art. 123
\n
123.(1) Where, at any time after the making of an adoption decree, the adopter or the adopted person or any other person dies intestate in respect of any property, that property shall devolve in all respects as if the adopted person were the child of the adopter born in lawful wedlock and were not the child of any other person.
\n
(2)In any disposition of property made, whether by instrument inter vivos or by will, after the date of an adoption decree (a) any reference (whether express or implied) to the child or children of the adopter shall, unless the contrary intention appears, be construed as, or as including, a reference to the adopted person; (b) any reference (whether express or implied) to the child or children of the adopted person’s natural parents or either of them shall, unless the contrary intention appears, be construed as not being, or as not including, CIVIL CODE [CAP. 16. 61 a reference to the adopted person; and (c) any reference (whether express or implied) to a person or persons related to the adopted person in any line or degree shall, unless the contrary intention appears, be construed as a reference to the person or persons who would be related to him in that line or degree if he were the child of the adopter born in lawful wedlock and were not the child of any other person.
\n
(3)For the purposes of the devolution of any property in accordance with this article and for the purposes of the construction of any disposition to which sub-article (2) applies, an adopted person shall be deemed to be related to any other person being the adopted child of the adopter as brother or sister.
\n
(4)Where an adoption decree is made in respect of a person who has been previously adopted, the previous adoption shall be disregarded for the purposes of this article in relation to the devolution of any property on the death of a person dying intestate after the date of the subsequent adoption decree, and in relation to any disposition of property made, or taking effect on the date of a person dying, after that date.
\n
Art. 124
\n
124.Upon an adoption decree being made, the person in respect of whom the adoption decree is made shall assume the surname of the adopter:
\n
Provided that where the adoption decree is made in favour of two spouses, the person in respect of whom the adoption decree is made shall assume the surname of any of the adoptive parents, or the surname of both adoptive parents in the order of their choice:
\n
Provided further that when the adoption decree is made in favour of two spouses who contracted marriage after the coming into force of the Marriage Act and other Laws (Amendment) Act, 2017*, then the person in respect of whom the adoption decree is made shall assume the Family Name of the spouses:
\n
Adopted person to assume adopter’s surname.
\n
Substituted by:
\n
XXX.1981.5.
\n
Amended by:
\n
IV.2008.38;
\n
XXIII.2017.47;
\n
LXV.2020.18;
\n
XXVIII.2024.13.
\n
Act XXIII of 2017.
\n
Provided further that where the person to be adopted is a child below the age of three years, the adopter may, with the approval of the court, give such child a new name:
\n
Provided further that where the person to be adopted has sufficient understanding, he may choose to retain his biological family name and assume the surname of the adopter or adoptive parents, as the case may be, in accordance with the provisions of this Code.
\n
Art. 125
\n
125.(1) Every adoption decree shall contain a direction to the Director of the Public Registry to make in the Adopted Persons Register (established by article 269 of this Code) an entry in accordance with Form H set out in Part II of the First Schedule to this Code and (subject to the provisions of the next following subarticle) shall specify the particulars to be entered under the *The provisions of Act XXIII of 2017 came into force on the 1st of September, 2017. See Legal Notice 212 of 2017.
\n
Registration of adoptions.
\n
Amended by:
\n
XXXI.1965.8,9;
\n
III.1994.2;
\n
XIII.2007.13;
\n
LXV.2020.19;
\n
XXVIII.2024.14.
\n
CIVIL CODE headings in columns 2 to 7 of that form.
\n
(2)For the purposes of compliance with the requirements of the last foregoing sub-article (a) where the precise date of the birth of the person to be adopted is not proved to the satisfaction of the court, the court shall determine the probable date of his birth and the date so determined shall be specified in the decree as the date of his birth; (b) where the country and place of birth of the person to be adopted are not proved to the satisfaction of the court, then, if it appears probable that that person was born in Malta, he shall be treated as having been born in Malta, and in any other case the particulars of the country of birth may be omitted from the decree and from the entry in the in the Adopted Persons Register; (c) the term \"sex\" shall also include the term \"gender\" and the court shall only include the term \"sex\" in the decree, and the surname to be specified in the decree as the surname of the person to be adopted shall be the surname adopted in accordance with the provisions of article 124.
\n
(3)Where upon any application for an adoption decree there is proved to the satisfaction of the court the identity of the person to be adopted with a person to whom an entry in the register book of acts of birth (established by article 238 of this Code) relates, any adoption decree made in pursuance of the application shall contain a direction to the Director of the Public Registry to cause the entry in the register book of acts of birth to be marked with the word \"Adopted\".
\n
(4)Where an adoption decree is made in respect of a person who has previously been the subject of an adoption decree under this Title, the decree shall contain a direction to the Director of the Public Registry to cause the entry in the Adopted Persons Register to be marked with the word \"Re-adopted\".
\n
(5)Upon an adoption decree being made, the Registrar of Courts shall cause the decree to be communicated to the Director of the Public Registry within fifteen days of the making of such decree and the Director of the Public Registry shall, within fifteen days of the receipt of such communication, cause compliance to be made with the directions contained in the decree both in regard to marking any entry in the register book of acts of birth with the word \"Adopted\" and in regard to making the appropriate entry or entries in the Adopted Persons Register, and shall on every such decree write the date of receipt thereof and sign his name thereto.
\n
(6)The provisions of sub-article (2) of article 238, sub-article
\n
(1)of article 245, articles 248, 249, 252, 260, 261 and, subject to the provisions of article 269, article 251 shall mutatis mutandis apply to the Adopted Persons Register and entries therein, extracts therefrom and certificates and other documents relating thereto or connected therewith.
\n
CIVIL CODE
\n
Art. 126
\n
126.(1) Where any person adopted by any one of the parents alone has subsequently become a person presumed to have been conceived or born in wedlock on the marriage of his parents, the competent court may, on the application of any of the parties concerned, revoke that decree.
\n
(2)Where an adoption decree is revoked under this article, the Registrar of Courts shall cause the revocation to be communicated to the Director of the Public Registry who shall cause to be cancelled - [CAP. 16. 63 Presumption that a person was conceived or born in wedlock: revocation of adoption decrees and cancellations in register.
\n
Amended by:
\n
XXIV.1995.362;
\n
IX.2004.14;
\n
XVIII.2004.35;
\n
XXIII.2017.48. (a) the entry in the Adopted Persons Register relating to the adopted person; and (b) the marking with the word \"Adopted\" of any entry relating to him in the register book of acts of birth, and a certified copy of any such entry as is referred to in paragraph (b) shall be deemed to be an accurate copy only if both the marking and the cancellation are omitted therefrom.
\n
Art. 127
\n
127.(1) The court by which an adoption decree has been made may, on the application of the adopter or of the adopted person, amend the decree by the correction of any error in the particulars contained therein and may, if satisfied on the application of any person concerned that a direction for the making of an entry in the register book of acts of birth or the Adopted Persons Register included in the decree in pursuance of sub-article (3) or sub-article
\n
(4)of article 125 was wrongly so included, revoke that direction; and where an adoption decree is so amended or a direction revoked, the Registrar of Courts shall cause the amendment to be communicated to the Director of the Public Registry within fifteen days of the making of such decree; and any necessary correction of or addition to the Adopted Persons Register or cancellation of the marking of an entry in the register book of acts of birth or the Adopted Persons Register shall be made accordingly.
\n
Amendment of decree and rectification of registers.
\n
Amended by:
\n
XXIV.1995.362.
\n
(2)Where an adoption decree has been amended any certified copy of the relevant entry in the Adopted Persons Register which may be issued pursuant to article 269(5) shall be a copy of the entry as amended, without the reproduction of any note or marking relating to the amendment or of any matter cancelled pursuant thereto; and a certified copy of an entry in any register, being an entry the marking of which has been cancelled, shall be deemed to be an accurate copy only if both the marking and the cancellation are omitted therefrom.
\n
Art. 127A
\n
127A. (1) An adopter or an adopted person who has attained eighteen years of age may apply to the court for a copy of the relevant adoption decree. (1A) An adopter or an adopted person who has attained the age of sixteen (16) years shall have the right to file a formal request to the Central Authority to request details of the adopted person’s natural family and, or of the adoption placement:
\n
Provided that such information should only be given in the Right to information.
\n
Added by:
\n
IV.2008.39.
\n
Amended by XXVIII.2024.15.
\n
CIVIL CODE presence of a professional working in the social field, who possesses the necessary skills.
\n
(2)An adopted person who has attained eighteen years of age shall have the right to apply to the court for authorisation to obtain a copy of his original birth certificate from the Public Registry.
\n
(3)Prior to giving an order related to sub-articles (1) and (2), the court shall hear the applicant and any other person it deems fit in the circumstances.
\n
Prohibition of certain payments.
\n
Amended by:
\n
XXVIII.1963.3;
\n
XIII.1983.5;
\n
VIII.1990.3;
\n
IX.2004.14;
\n
L.N. 407 of 2007;
\n
IV.2008.40.
\n
Art. 128
\n
128.(1) No person shall make or give or agree or offer to make or give, or receive or agree to receive or attempt to obtain any payment or other reward for or in consideration of (a) the adoption by that person of any person; (b) the grant by that person of any consent required in connection with the adoption of a person; (c) the transfer by that person of the care and possession of the person to be adopted with a view to his adoption; (d) the making by that person of any arrangements for the adoption of a person.
\n
(2)Any person who contravenes the provisions of sub-article
\n
(1)of this article shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than six months but not exceeding one year or to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty nine cents (1,164.69) but not more than two thousand and three hundred and twenty-nine euro and thirty seven cents (2,329.37) or to both, and the court may order a minor in respect of whom the offence was committed to be removed to a place of safety until he can be restored to his parents or tutor or until other arrangements can be made for him. The person convicted of an offence in terms of this article shall also be liable to reimburse any amount which was paid to him.
\n
(3)This article, insofar as it relates to the making of any arrangements for the adoption of a person, does not apply to (a) payments made for the maintenance of that person; and (b) advocates’, notaries’, legal procurators’ or medical practitioners’ remuneration for professional services.
\n
(4)Any conviction under the provisions of sub-article (2) of this article shall be notified by the registrar of the court making the conviction to the competent court, and the latter court shall thereupon take such measures as it considers expedient in the best interests of the person adopted or to be adopted including, if it deems fit, the revocation of the adoption decree.
\n
CIVIL CODE [CAP. 16. 65
\n
Art. 128A
\n
128A. (1) No person shall, without the approval in writing of an accred ited agency, pu blish o r cause to b e publi shed in any newspaper, periodical or any other printed matter or by means of broadcasting, television, public exhibition or by any other means or medium, any advertisement, news item or other matter indicated, whether or not in relation to a particular child, born or unborn, that:
\n
Prohibition of publication.
\n
Added by:
\n
IV.2008.41.
\n
Amended by:
\n
XXIII.2017.49. (a) a child may be adopted; (b) a person intends to adopt a child; or (c) a person intends or is willing to make arrangements with a view to the adoption of a child.
\n
(2)Unless authorised by the court, no person shall publish or cause to be published in any newspaper, periodical, any other printed matter or by means of broadcasting or television, public exhibition or by any other means or medium, anything related to an application for the adoption of a child or to adoption proceedings including: (a) the name of the applicant or applicants; (b) the name of the person who is or will be adopted; (c) the name of any one of the parents, the curator or the tutor of the child who is or will be adopted; or (d) any matter likely to enable any of the persons mentioned in paragraphs (a), (b) and (c) to be identified.
\n
(3)Any person who contravenes the provisions of this article shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than three months but not exceeding six months or to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) but not more than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to both.
\n
Art. 128B
\n
128B. (1) Notwithstanding the provisions of any other law, any person who knowingly makes a false statement, whether orally or in writing, for the purposes of or in connection with an adoption, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than three months but not exceeding six months or to a fine (multa) of not less than five hundred and eighty-two euro and thirty-four cents (582.34) but not more than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or to both.
\n
False statements.
\n
Added by:
\n
IV.2008.41.
\n
(2)A person who knowingly gives false information in the application for the entry of a person’s details in the Reunion and Information Register shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding five hundred and eighty-two euro and thirty-four cents (582.34).
\n
Art. 128C
\n
128C. Notwithstanding the provisions of any other law, a person who impersonates or falsely represents himself to be an adopted child, parent, adopter, relative, person whose consent to the adoption of a child is required at law, or other person having an Impersonation or false representation.
\n
Added by:
\n
IV.2008.41.
\n
Forged documents.
\n
Added by:
\n
IV.2008.41.
\n
Use of force.
\n
Added by:
\n
IV.2008.41.
\n
CIVIL CODE interest in an adopted child, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than three months but not exceeding six months or to a fine (multa) of not less than five hundred and eighty-two euro and thirty-four cents (582.34) but not more than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or to both.
\n
Art. 128D
\n
128D. If in any adoption proceedings a person files a document purporting to indicate the consent to the adoption or the revocation thereof, where the signature is forged or obtained by fraud or duress, such person shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than six months but not exceeding one year or to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixtynine cents (1,164.69) but not more than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37), or to both.
\n
Art. 128E
\n
128E. A person who uses or threatens to use any force or restraint or injures or threatens to injure, or causes or threatens to cause anything to the detriment of a parent of a child with the intention of: (a) inducing a parent to offer or refrain from offering the child for adoption; (b) influencing a parent on whether or not to consent to the adoption, Removal of child.
\n
Added by:
\n
IV.2008.41.
\n
Regulations.
\n
Amended by:
\n
L.N. 4 of 1963;
\n
XXXI.1966.2;
\n
IV.2008.42. shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than three months but not exceeding six months or to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) but not more than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37), or to both.
\n
Art. 128F
\n
128F. A parent who consents to the adoption of his child and proceeds to remove the child from the care and custody of the prospective adopter or adopters without the authority of the court, shall be guilty of an offence, and shall on conviction be liable to imprisonment for a term of not less than two months but not exceeding four months or to a fine (multa) of not less than five hundred and eighty-two euro and thirty-four cents (582.34) but not more than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or to both.
\n
Art. 129
\n
129.The Minister may make regulations(a) for prescribing anything which by this Title is authorized or required to be prescribed; (b) for the protection, supervision and control of minors who are placed in the care and possession of such persons as may be prescribed; (c) for regulating the making of or participating in arrangements for the adoption of a person or for the placing of a minor in the care or possession of another person; (d) for any incidental and supplementary matter for which CIVIL CODE [CAP. 16. 67 the Minister thinks it expedient for the purposes of the regulations to provide, including in particular the entering and inspection of premises to which the regulations relate by persons authorized in that behalf by the Minister with a view to securing compliance with the regulations; (e) for establishing the penalties to which any offender of any of the regulations may be liable.
\n
Art. 130
\n
130.(1) Subject to sub-article (2), where an intercountry adoption is to be treated as an adoption in accordance with the provisions of article 113 the order (however called) of the authority outside Malta whereby such adoption is effected shall have effect as if it were an adoption decree made by the court in Malta; and the provisions of this Code and of any other law shall apply accordingly with such adaptations and variations as may be appropriate in the circumstances.
\n
Intercountry adoptions.
\n
Added by:
\n
XLVI.1973.22.
\n
Amended by:
\n
IV.2008.43
\n
(2)Sub-article (1) of this article shall apply subject to any review, revocation or annulment by a competent court or other authority of the order whereby the intercountry adoption was effected and to any determination or order in relation thereto.
\n
(3)Without prejudice to the foregoing provisions of this article, in respect of an intercountry adoption the court shall have (a) the power to determine whether such intercountry adoption is to be treated as an adoption in accordance with article 113; (b) the power to direct the appropriate entry or marking relating to the intercountry adoption to be made in the registers and acts referred to in this Title and the making of any rectification or cancellation thereof; (c) the power to determine whether, and the extent to which, a review, revocation or annulment of such an adoption is to have effect in Malta; (d) the power to order that an intercountry adoption shall cease to have effect as an adoption or to be valid, in Malta on the grounds that the adoption is contrary to public policy or that the authority which purported to authorize the adoption was not competent; and (e) generally all such powers as it has in respect of an adoption under this Code, and may exercise such powers on an application for that purpose or in the exercise of its powers under this article.
\n
Art. 130A
\n
130A. Notwithstanding the foregoing provisions of this Title, where an intercountry adoption is regulated by the provisions of an international treaty to which Malta is a party, the Minister may make regulations as he may deem appropriate for the implementation of the provisions of such a treaty, and the powers of the Court in respect of such an intercountry adoption shall be exercised in accordance with and within the limits allowed by the terms of the treaty and to ensure that the provisions of such treaty Provisions of international treaty to prevail.
\n
Added by:
\n
III.2004.120.
\n
Amended by:
\n
IV.2008.44.
\n
CIVIL CODE are complied with.
\n
Title IV
\n
Amended by:
\n
XXI.1993.2.
\n
Child subject to parental authority.
\n
Substituted by:
\n
XLVI.1973.23;
\n
XXI.1993.49.
\n
Amended by:
\n
III.2004.121.
\n
O F PARENTAL A UTHORITY
\n
Art. 131
\n
131.(1) A child shall be subject to the authority of his parents for all effects as by law established.
\n
(2)Saving those cases established by law, this authority is exercised by the common accord of both parents. After the death of one parent, it is exercised by the surviving parent.
\n
(3)In case of disagreement between the parents on matters of particular importance, either parent may apply to such court as may be prescribed by or under any law in force from time to time indicating those directions which he or she considers appropriate in the circumstances.
\n
(4)The court, after hearing the parents and the child if the latter has reached the age of fourteen years, shall make those suggestions which it deems best in the interest of the child and the unity of the family. If the disagreement between the parents persists, the court shall authorise the parent whom it considers more suitable to protect the interest of the child in the particular case, to decide upon the issue, saving the provisions of article 149.
\n
(5)In the case of an imminent danger of serious prejudice to the child either parent may take such measures which are urgent and cannot be postponed.
\n
(6)With regard to third parties in good faith, each of the spouses shall be deemed to act with the consent of the other where he or she performs an act relative to parental authority relative to the person of the child.
\n
Sub-title I Amended by:
\n
XXI.1993.2.
\n
Child to obey and not to abandon parental house.
\n
Amended by:
\n
L.N. 148 of 1975;
\n
XXI.1993.50.
\n
O F THE E FFECTS OF P ARENTAL A UTHORITY IN REGARD TO M INORS
\n
Art. 132
\n
132.(1) A child shall obey his parents in all that is permitted by law.
\n
(2)Saving any other provision of law respecting enlistment in any disciplined force, it shall not be lawful for a child, without the consent of the parents, to leave the parental house, or such house as his parents may have appointed for him.
\n
(3)Where the child leaves the house without such consent, the parents shall have the right to recall him, and, if necessary, demand the assistance of the Police.
\n
CIVIL CODE
\n
Art. 133
\n
133.(1) Nevertheless, it shall be lawful for the competent court as may be prescribed by or under any law in force from time to time, for just cause, and without disclosing the same, to authorize the child to leave the parental house.
\n
(2)Where delay might be detrimental, it shall be lawful for any magistrate to give the requisite order, making a report thereof, not later than the following working day, to the said court, which may confirm, revoke, or vary such order.
\n
Art. 134
\n
134.(1) It shall be lawful for the parents, if they are unable to control the child, to remove him from the family, assigning to him, according to the means of the parents, such maintenance as is strictly necessary.
\n
(2)In any such case, the parents may also, where necessary and upon obtaining the authority of such court as may be prescribed by or under any law in force from time to time, place the child, for such time as is stated in the decree, in some alternative form of care, which the court will according to circumstances consider suitable, to be, at the expense of the parents, cared for and treated in such manner as the court may deem conducive to the discipline and education of the child. [CAP. 16. 69 Power of court to authorize child to leave parental house.
\n
Amended by:
\n
III.2004.122;
\n
IX.2004.14.
\n
Power of the court to authorize child to be placed in alternative care.
\n
Substituted by:
\n
XXI.1993.51.
\n
Amended by:
\n
III.2004.123.
\n
(3)The demand for such authority may be made even verbally; and the court shall make the necessary order thereon without any formal proceedings, and without giving its reasons therefor.
\n
Art. 135
\n
135.The parents jointly represent their children, whether born or to be born, in all civil matters.
\n
Parents to be representatives of the children.
\n
Substituted by:
\n
XXI.1993.51.
\n
Art. 136
\n
136.(1) The parents jointly administer the property of their children, whether born or to be born, except such as has devolved on such children on condition that it shall be administered solely by one of the parents or by third parties.
\n
Parents’ power of administration.
\n
Amended by:
\n
XXX.1981.6.
\n
Substituted by:
\n
XXI.1993.51.
\n
(2)Acts of ordinary administration may however be performed by either of the parents without the intervention of the other.
\n
(3)Acts of extraordinary administration which must be performed by the parents 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 capitals 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)
\n
(4)acts which require the authorisation of the court in terms of sub-article (4) of this article.
\n
The parents may not alienate immovables or movables by CIVIL CODE operation of law belonging to the child nor may they contract loans 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 court may, at the request of the parents, authorise one only of the parents to represent the child on the relative deed.
\n
(5)In case of disagreement between the parents the provisions of article 131 shall apply.
\n
Acceptance of inheritance.
\n
Amended by:
\n
XLVI.1973.24;
\n
XXX.1981.7;
\n
XXI.1993.52.
\n
Nullity of acts may only be set up by father, etc.
\n
Amended by:
\n
XXI.1993.53.
\n
Conflicting interests.
\n
Substituted by:
\n
XXI.1993.54.
\n
Art. 137
\n
137.(1) Any inheritance devolving on the children, shall be accepted by the parents with the benefit of inventory, unless such inventory is dispensed with by the court.
\n
(2)If one of the parents is unable or unwilling to accept such inheritance, the inheritance may be accepted by the other parent with the authority of the court. If both parents are unable or unwilling to accept such inheritance the court may, upon the demand of the child or of any of his relatives, authorise the acceptance thereof either by the child himself, if he has attained the age of fourteen years, or otherwise by a special curator to be appointed by the court.
\n
(3)Where the surviving spouse has filed the return in respect of property comprised in a chargeable transmission in accordance with the provisions of the Duty on Documents and Transfers Act, such spouse shall be deemed, for the purposes of this article, to have accepted the inheritance devolving upon the minor with the benefit of inventory with respect to such property as shall have been declared in the said return, which inventory shall be deemed to have been duly drawn up and published according to the said return, without the necessity of any further formality or authorization required by any law.
\n
Art. 138
\n
138.Where any act is performed in contravention of the provisions of the foregoing articles, the nullity thereof may only be set up by either parent or by the child or his heirs or other persons claiming under him.
\n
Art. 139
\n
139.In case of conflicting interests between the children, or between the children and either parent, the competent court shall, according to circumstances, appoint one or more special curators:
\n
Provided that it shall be lawful for either parent to decline to represent any of the children against another or against the other parent.
\n
Parents to render account of administration.
\n
Substituted by:
\n
XXI.1993.54.
\n
Art. 140
\n
140.(1) The parents are bound to render to the child, on the latter attaining majority, an account of the property and the fruits of those things of which they have not the usufruct; and of the property only and of the administration thereof in regard to things of which they have the legal usufruct.
\n
(2)If parental authority ceases before the child attains majority the parents shall render the account on the date of such cessation.
\n
(3)Without prejudice to any liability of the parent, either CIVIL CODE [CAP. 16. 71 parent may render such account on behalf also of the other parent.
\n
Art. 141
\n
141.(1) The parents shall have the usufruct of such property as devolves on the child by succession, donation, or any other gratuitous title, including property derived from entail.
\n
(2)They shall retain such usufruct until the child attains majority, unless the latter dies before that time.
\n
Art. 142
\n
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:
\n
Property of which the parents have usufruct.
\n
Amended by:
\n
XXI.1993.55.
\n
Property not subject to legal usufruct.
\n
Amended by:
\n
XXI.1993.56;
\n
XIII.2007.3.
\n
Provided that any such condition shall be inoperative in regard to property reserved to the child by way of reserved portion:
\n
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 subsisting between the parent enjoying the usufruct 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 inheritance, legacy or donation has been accepted in the interest of the child against the wishes of the parents:
\n
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 subsisting between the parent accepting such inheritance, legacy or donation as aforesaid, and the parent who has not so accepted; (d) property which the child may have acquired by his own work or his own separate industry.
\n
Art. 143
\n
The usufruct vested in the parents shall be subject to the following obligations: (a) all obligations to which usufructuaries are subject, excepting that of giving security; (b) the payment of any annuity or of any interest on capital fallen due before the commencement of the usufruct;
\n
Obligations to which usufruct of parents is subject.
\n
Amended by:
\n
XXI.1993.57.
\n
CIVIL CODE (c) the payment of the funeral expenses, and of those of the last illness of the person from whom the property has devolved on the child where, otherwise, such expenses would have been borne by the child; (d) the expenses for the maintenance and education of the child.
\n
Cessation of usufruct.
\n
Amended by:
\n
XXI.1962.3;
\n
XXI.1993.2,58.
\n
Where parents continue to enjoy property on cessation of usufruct.
\n
Substituted by:
\n
XXI.1993.59.
\n
Death, etc. of one of the parents.
\n
Substituted by:
\n
XLVI.1973.25;
\n
XXI.1993.59.
\n
Art. 144
\n
144.(1) The usufruct of the parents shall cease on the death of the child or on the marriage or remarriage of the parents or the adoptive parents, as the case may be.
\n
(2)It shall also cease for any other reason for which parental authority ceases.
\n
(3)Where the usufruct ceases in respect only of one of the parents, the fruit of the property subject to such usufruct shall not be comprised in any community of acquests subsisting between the parent in respect of whom the usufruct has not ceased, and the parent in respect of whom it has so ceased.
\n
Art. 145
\n
145.Where the usufruct ceases, and the parents, or either of them, continue or continues to enjoy the property of the child living with the parents or either of them without authority but without opposition on the part of the child, or with authority but without the express condition of rendering an account of the fruits, such parents or parent or the heirs of such parents or parent as the case may be shall only be bound to deliver the fruits existing at the time of the demand, and shall not be bound to account for such fruits as may have been consumed up to that time.
\n
Art. 146
\n
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.
\n
(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.
\n
(3)If either of the parents is deprived of the right of usufruct only, such right shall vest in the other parent alone.
\n
(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.
\n
Where parent remarries and continues to administer property.
\n
Substituted by:
\n
XLVI.1973.26;
\n
XXI.1993.59.
\n
Art. 147
\n
147.(1) If a parent, on remarriage, continues to administer the property of the children, whether or not such parent still exercises the right of parental authority, the spouse of the parent shall be held liable in solidum with such parent for the administration both preceding and subsequent to the marriage.
\n
(2)The provisions of this article shall apply to an adoptive parent on marriage or remarriage.
\n
CIVIL CODE
\n
Art. 148
\n
148.Repealed by: XXI.1993.59.
\n
Art. 149
\n
149.Notwithstanding any other provision of this Code, the court may, upon good cause being shown, give such directions as regards the person or the property of a minor as it may deem appropriate in the best interests of the child. [CAP. 16. 73 Applicability of provisions where mother is vested with paternal authority.
\n
Substituted by:
\n
XLVI.1973.27.
\n
Power of court to give directions notwithstanding other provisions.
\n
Substituted by:
\n
XLVI.1973.28.
\n
Sub-title II H OW P ARENTAL A UTHORITY C EASES Amended by:
\n
XXI.1993.2
\n
Art. 150
\n
Parental authority ceases ipso jure in each of the cases following:
\n
When parental authority ceases ipso jure.
\n
Amended by:
\n
XXI.1962.4;
\n
XLVI.1973.30;
\n
XXI.1993.2,60. (a) on the death of both parents or of the child; (b) when the child attains the age of eighteen years; (c) on the marriage of the child; (d) if the child, with the consent of the parents, has left the parental home and set up a separate domestic establishment; (e) if the parents fail to make, in favour of the child, the registrations referred to in articles 2038 and 2039; sohowever that where only one parent has failed to make such registration, parental authority shall not cease in relation to the parent who has not so failed; (f) if the surviving parent remarries or, in the case of an adoptive parent, if after the adoption he marries or remarries, without having first made an inventory of the property of the child and obtained from the court the requisite leave to continue in the exercise of the rights of parental authority.
\n
Art. 151
\n
151.In any of the cases referred to in paragraphs (e) and (f) of the last preceding article, it shall be lawful for the court, if it deems it expedient in the interest of the child, to reinstate the parent in the parental authority wholly or in part upon his performing that by reason of the omission of which he had forfeited such authority.
\n
When court may reinstate parent in parental authority.
\n
Amended by:
\n
XXI.1993.2,61.
\n
Court may dispense with inventory.
\n
Amended by:
\n
XXI.1993.62.
\n
Power of court where parent, before or after remarriage, demands to continue in the exercise of parental authority.
\n
Amended by:
\n
XXI.1962.5;
\n
XXI.1993.2,63.
\n
When parent may be deprived of parental authority.
\n
Amended by:
\n
XXI.1993.2,64;
\n
XIII.2018.25.
\n
CIVIL CODE
\n
Art. 152
\n
152.The court may, on good cause, dispense with the inventory required under paragraph (f) of article 150, and direct, instead, that a mere description of the property be made, which shall be verified on oath by the parent.
\n
Art. 153
\n
153.Moreover, the court may, upon a demand made by the parent, either before or after his remarriage or, in the case of an adoptive parent, his marriage or remarriage for authority to continue in the exercise of the rights of parental authority, grant to the parent only such rights as refer to the person of the child, and appoint a curator for the administration of the property or entrust such administration to the parent and appoint a tutor in regard to the person of the child.
\n
Art. 154
\n
154.(1) Saving any other punishment to which he may be liable according to law, a parent may be deprived, by the said court, wholly or in part, of the rights of parental authority, in any of the cases following: (a) if the parent, exceeding the bounds of reasonable chastisement, ill-treats the child, or neglects his education; (b) if the conduct of the parent is such as to endanger the education of the child; (c) if the parent is interdicted, or under a disability as to certain acts, as provided in articles 520 to 527 inclusive of the Code of Organization and Civil Procedure, and articles 189 and 190 of this Code; (d) if the parent mismanages the property of the child; (e) if the parent fails to perform any of the obligations set out in article 3B in favour of the child.
\n
(2)If the interests of the child so require, the Court may order that only one of the parents shall exercise the rights of parental authority and the Court may also restrict the exercise of these rights and, in serious cases, exclude both parents from the exercise of these rights.
\n
(3)The Court may also restrict the exercise of the aforementioned rights where one or both of the parents are charged with one or more of the offences listed in Title VII of Part II of Book First of the Criminal Code.
\n
(4)Nevertheless, the court may, even in the cases mentioned in sub-article (1) of this article, reinstate the parent in the exercise of the rights of which he has been deprived, when the cause of such deprivation ceases to exist.
\n
Usufruct of property of child to cease on forfeiture of parental authority.
\n
Amended by:
\n
XXI.1993.2.
\n
Art. 155
\n
155.The usufruct of the property of the child shall cease upon the forfeiture of any of the rights of parental authority, and shall only be re-acquired upon the full restoration of parental authority.
\n
CIVIL CODE [CAP. 16. 75
\n
Art. 156
\n
156.(1) Where a minor, who has attained the age of sixteen years, has been authorized under article 9 of the Commercial Code, to trade, or, not being a trader, to perform certain acts of trade, such minor shall, in regard to all matters relating to his trade, or in regard to such acts, be considered as being of age.
\n
Where minor carries on trade.
\n
Amended by:
\n
XLVI.1973.32;
\n
XXI.1993.2.
\n
(2)Nothing in this Code shall affect all other provisions of the Commercial Code, relating to minors and to children subject to parental authority.
\n
Title V
\n
O F MINORITY AND OF T UTORSHIP Sub-title I OF M INORITY
\n
Art. 157
\n
157.A minor is a person of either sex who has not yet attained the age of eighteen years.
\n
Minority.
\n
Sub-title II O F TUTORSHIP
\n
Art. 158
\n
158.Any minor, whose parents have died or have forfeited parental authority and who has not married, is subject to be placed under tutorship until he becomes of age or until he marries. § I . O F THE A PPOINTMENT AND R EMOVAL OF TUTORS Where minor is subject to tutorship.
\n
Substituted by:
\n
XLVI.1973.33.
\n
Amended by:
\n
XXI.1993.2.
\n
CIVIL CODE Appointment of tutor.
\n
Substituted by:
\n
XLVI.1973.34.
\n
Art. 159
\n
159.(1) A tutor is appointed by the court on the demand of any person.
\n
Persons competent to act as tutors.
\n
Amended by:
\n
XXI.1962.6;
\n
XLVI.1973.36.
\n
Art. 160
\n
160.Where among the relatives of the minor there are competent persons, the court shall appoint one of such persons, preference being given, subject always to the best interests of the child, to the nearest relative by consanguinity.
\n
Art. 161
\n
161.(1) It shall be lawful for the court to appoint more than one tutor.
\n
Where more than one tutor are appointed.
\n
Substituted by:
\n
XLVI.1973.37.
\n
(2)In appointing a tutor the court shall take into account any disposition contained in the will of either of the parents of the child relating to the appointment of a tutor.
\n
(2)Where more than one tutor have been appointed the court may at any time, either of its own motion or upon the demand of any of the tutors, specify their respective duties; and, until such time as particular duties shall have been assigned to each of them, each of the tutors shall have all the powers and duties of a tutor, and they shall all be jointly and severally liable for the acts of each of them.
\n
(3)Where any of the tutors dies or otherwise ceases to be tutor, the tutorship shall be exercised by the other tutor or tutors unless the court, of its own motion or upon the demand of any person shall have appointed another tutor in his stead.
\n
Conflict of interest between minors and tutors.
\n
Persons not competent to hold the office of tutor.
\n
Amended by:
\n
XLVI.1973.39;
\n
XI.1977.2;
\n
XLIX.1981.4;
\n
XIII.2004.38.
\n
Art. 162
\n
162.In case of conflicting interests between minors subject to the same tutors, or between them and the tutors, the provisions of article 139 shall apply.
\n
Art. 163
\n
The following persons cannot be appointed tutors: (a) persons who have not attained majority; (b) persons who are not vested with the free administration of their property or who are notoriously incompetent to administer property; (c) persons who are or are about to be, or whose spouse or relatives by consanguinity or affinity up to the degree of uncle and nephew, are, or are about to be involved in a lawsuit with the minor, in which the status of such minor, or a considerable part of his property is at stake; (d) undischarged bankrupts; (e) persons who have been sentenced to the punishment of imprisonment for a term exceeding one year, or to any punishment for an offence affecting the good order of families, or for fraud; (f) persons who are of a notoriously bad character, or manifestly untrustworthy or negligent; (g) persons who are trustees of property for the benefit of the minor.
\n
CIVIL CODE [CAP. 16. 77
\n
Art. 164
\n
164.(1) The judges and the magistrates are not eligible for the off i c e of t u t o r, ex c e p t i n t h e ca s e o f th e i r o w n r e l a t i v e by consanguinity in any degree in the direct line, or up to the degree of cousin in the collateral line.
\n
Judges and magistrates not eligible as tutors.
\n
Amended by:
\n
L.N.148 of 1975.
\n
(2)Tutorship already assumed in regard to persons other than the aforesaid relatives shall cease on the appointment of the tutor to the office of judge or magistrate.
\n
Art. 165
\n
The following persons are entitled to be exempted from accepting or continuing in the office of tutor: (a) members of the House of Representatives; (b) heads of public departments, and any other public officer having the direction of any particular branch of the public service;
\n
Persons who may be excused from the office of tutor.
\n
Amended by:
\n
XXV.1962;
\n
L.N. 46 of 1965;
\n
XLVI.1973.40;
\n
L.N. 148 of 1975. (c) persons belonging to the armed forces of Malta, if on active service; (d) persons who have attained the age of sixty years, or are suffering from a habitual infirmity, which incapacitates them from discharging the office of tutor without serious inconvenience; (e) any person who is a father or a mother of five living children; (f) persons who are already discharging a tutorial office; (g) any person not being a relative of the minor, or being a distant relative, if there is in Malta a relative, or, as the case may be, a nearer relative competent to discharge the office of tutor, and not excused therefrom:
\n
Provided that where the incapacity or the ground of exemption of the relative or nearer relative ceases, the stranger or the distant relative, as the case may be, may claim to be relieved of the office.
\n
Art. 166
\n
166.It shall also be lawful for the court for any of the causes mentioned in the last preceding article or for any other just cause, to exempt, permanently or temporarily, any tutor from continuing in his office.
\n
Art. 167
\n
167.(1) The court shall, before appointing a person to the office of tutor, direct such person to make an inventory of the property of the minor or, according to circumstances, a description of such property, verified on oath by such person, and to bind himself with hypothecation of his own property limited to a fixed sum, well and truly to administer the property of the minor, and to render on the termination of the office a true and faithful account of his administration.
\n
(2)The court may order that the tutorial inventory or description aforesaid be made by a person other than that who is to be appointed to the office of tutor.
\n
Power of court to dispense tutors.
\n
Tutorial inventory.
\n
Amended by:
\n
XLVI.1973.41.
\n
Power of court in regard to tutor.
\n
Amended by:
\n
XLVI.1973.43;
\n
XI.1977.2.
\n
CIVIL CODE
\n
Art. 168
\n
168.(1) It shall be lawful for the court, when it deems it expedient, in the decree of appointment, to impose on the tutor the obligation of presenting in the registry of the court, yearly or at such other intervals as the court shall direct, an account of his administration.
\n
(2)The court may also direct the person who offers to assume the office of a tutor, to give security, and, in any such case, the obligation of the surety as well as that of the tutor must precede the appointment of the tutor.
\n
Suspension or removal of tutor.
\n
Art. 169
\n
169.(1) The court may suspend or remove any tutor or curator from his office on any of the grounds mentioned in paragraphs (b), (c), (d), (e) and (f) of article 163, or for failure to render an account in due time, or for unfaithfulness in the account rendered, or for any other just cause, saving the provisions of article 35 of the Code of Organization and Civil Procedure.
\n
(2)In all cases the court shall chiefly consider the interest of the minor.
\n
Curator ad ventrem.
\n
Amended by:
\n
XXIII.2017.50.
\n
Art. 170
\n
170.(1) If, at the time of the death of any one of the spouses without issue, the surviving spouse declares that she is pregnant, the court may, upon the demand of any person interested, appoint a curator ad ventrem with a view to preventing any supposition of birth, or substitution of child, and administering the property up to the day of the birth, under such directions as the court may deem it proper to give.
\n
(2)It shall be lawful for the court to appoint a female as curatrix, and entrust another person with the administration of the property.
\n
Remuneration to tutor.
\n
Art. 171
\n
171.The court may at any time grant to the tutor, or to the curator mentioned in the last preceding article, a moderate remuneration. § II. O F THE TUTOR’S A DMINISTRATION Duties of tutor.
\n
Power of court with respect to education of minor.
\n
Amended by:
\n
XLVI.1973.44.
\n
Powers of tutor in case of bad conduct of minor.
\n
Art. 172
\n
172.The tutor shall have the care of the person of the minor; he shall represent him in all civil matters, and administer his property as a bonus paterfamilias.
\n
Art. 173
\n
173.The court shall, as appropriate, prescribe the place in which the minor is to be brought up, the education which it is p r o p e r t o g i v e h i m , an d t he e x p e n s e t o b e i n c u r r e d f o r h i s maintenance and education.
\n
Art. 174
\n
174.(1) Where the tutor has serious reasons for being dissatisfied with the conduct of the minor, the provision of article 134 shall apply.
\n
(2)The necessary expenses shall be at the charge of the minor.
\n
CIVIL CODE [CAP. 16. 79
\n
Art. 175
\n
175.(1) The minor shall obey the tutor in all that is permitted by the law.
\n
Duties of minor towards tutor.
\n
Amended by:
\n
IX.2004.14.
\n
(2)Where the tutor abuses his authority, or neglects his duties, the minor himself or any other person on his behalf, may make a complaint to the competent court; and the court shall caution the tutor or give any other expedient direction.
\n
Art. 176
\n
176.The court may, even though the requirements laid down in article 167 have not yet been complied with, authorize the person entrusted with the making up of the inventory, or any other person, to perform such acts as do not admit of delay.
\n
Art. 177
\n
177.(1) The tutor shall, within the time of three months from his appointment, sell all such movable property of the minor as the court shall not have authorized him to keep.
\n
Acts not admitting of delay.
\n
Disposal of movable property.
\n
Amended by:
\n
XLVI.1973.45.
\n
(2)Unless otherwise authorized by the court the sale shall be made by public auction.
\n
(3)It shall be in the discretion of the court, according to circumstances, to enlarge the time referred to in sub-article (1) of this article.
\n
Art. 178
\n
178.(1) The court may order any precious articles which the tutor shall have been authorized to keep, to be deposited in the place appointed for the judicial deposit of similar articles or in some other place of safe custody.
\n
Precious articles, etc.
\n
(2)The same shall apply in regard to any moneys or securities to bearer comprised in the estate of the minor.
\n
(3)The court may, at any time, give other directions in regard to such articles, moneys, or securities.
\n
Art. 179
\n
179.(1) Any commercial or industrial establishment comprised in the estate of the minor shall be sold and liquidated by the tutor in the manner prescribed by the court.
\n
Commercial establishments.
\n
Amended by:
\n
XLVI.1973.46.
\n
(2)Nevertheless, the court may sanction the continuation of the business if such continuation is likely to be of greater advantage to the minor.
\n
Art. 180
\n
180.(1) It shall not be lawful for the tutor, without the authority of the court, to collect or transfer any capital belonging to the minor, take money on loan except in case of urgency, accept or renounce any inheritance, accept any donation or legacy subject to a n y b u r d e n , r e f e r a n y m a t t e r t o a r b i t r a t i o n o r e ff e c t a n y compromise, or alienate, hypothecate, or make any emphyteutical grant of immovable property, or let out property for a time exceeding eight years, in the case of rural property, or four years, in the case of urban property, or the ordinary time according to usage, in the case of movables.
\n
(2)Upon a demand for authority to accept an inheritance, the court may, according to circumstances, allow the tutor to produce in lieu of the inventory prescribed in article 848, a note describing the property comprised in the inheritance which shall be verified on oath by the tutor.
\n
Limitation of powers of tutor.
\n
Amended by:
\n
I.1908.1;
\n
XLVI.1973.47.
\n
CIVIL CODE
\n
(3)Where a lease has been granted for a longer time than that stated in sub-article (1) of this article, it shall be reduced to the time therein respectively stated, to be reckoned from the date of the contract.
\n
(4)The court may, in the decree appointing a tutor or by a subsequent decree, grant such tutor a general authority in respect of all, or any of the said acts.
\n
Profitable investment of moneys.
\n
Amended by:
\n
XLVI.1973.48;
\n
XIII.1983.5;
\n
L.N. 407 of 2007
\n
Art. 181
\n
181.(1) The tutor shall, after deducting the expenses necessary for the minor, profitably invest the income or other moneys which he collects, when the amount thereof exceeds the sum of one hundred and sixteen euro and forty-seven cents (116.47).
\n
(2)If the tutor fails to make such investment, he shall be liable in interest, unless he proves that notwithstanding all due diligence he has not succeeded in securing a profitable and safe investment.
\n
(3)The tutor shall be liable for any loss occasioned by his failure to take, in making the investment, such precautions as a bonus paterfamilias would have taken.
\n
Administration.
\n
Art. 182
\n
182.(1) The tutor shall keep at least a book of receipts and expenditure.
\n
(2)He shall, with his accounts, produce vouchers for any expense of a considerable amount.
\n
(3)The said book, if verified on oath by the tutor, shall be sufficient to prove small expenses.
\n
(4)The tutor shall only be credited with such expenses as are considered useful or, having regard to the position and the means of the minor, customary.
\n
Rendering of accounts
\n
Art. 183
\n
183.(1) Where the administration terminates for any other cause than that referred to in article 158, the tutor shall render his account to his successor in the office of tutor.
\n
(2)If the minor dies during the tutorship, the account shall be rendered to his heirs. to person who was under tutorship.
\n
Interest.
\n
Art. 184
\n
184.If the tutorship terminates for any of the causes mentioned in article 158 the account shall be rendered to the person who was under such tutorship.
\n
Art. 185
\n
185.(1) Any balance which may be due by the tutor shall bear interest ipso jure as from the day of the termination of the tutorship.
\n
(2)The interest of any sum which may be due by the minor to the tutor shall only commence to run from the day on which a demand for payment shall have been made by the tutor, after the termination of his office, by means of a judicial act.
\n
Limitation of actions.
\n
Art. 186
\n
186.Subject to the provision of article 2157, all actions competent to the minor against the tutor, or competent to the tutor against the minor, relating to the tutorship, shall be barred by the lapse of five years to be reckoned from the day on which the minor CIVIL CODE attains his majority, or dies.
\n
Art. 187
\n
187.(1) The nullity of any act performed in contravention of the provisions contained in this Title, touching the interests of the minor, may only be set up by the minor or his heirs or other persons claiming under him. [CAP. 16. 81 Nullity of acts performed by tutor.
\n
(2)No act of the tutor may be impeached solely on the ground that the appointment of the tutor was made against the provisions of article 163.
\n
Title VI
\n
O F MAJORITY, GUARDIANSHIP, INTERDICTION AND INCAPACITATION Sub-title I O F MAJORITY
\n
Art. 188
\n
188.(1) Majority is fixed at the completion of the eighteenth year of age.
\n
Age of majority.
\n
(2)A major is capable of performing all the acts of civil life, subject to the restrictions contained in other special provisions of law.
\n
Sub-title I A Added by:
\n
XXIV.2012.3.
\n
O F GUARDIANSHIP
\n
Art. 188A
\n
188A. (1) Notwithstanding the provisions of Sub-title II on Interdiction and Incapacitation, a major who has a mental disorder or other condition, which renders him incapable of taking care of his own affairs may be subject to guardianship; and notwithstanding the provisions of Sub-title II on Interdiction and Incapacitation, to the extent possible, the parents of a person of age, with disability, with a mental disorder and with another condition, which makes such person incapable of taking care of his or her affairs, shall first seek to place the person with disability under guardianship before seeking the interdiction or incapacitation of that person.
\n
(2)The same shall apply in regard to a minor referred to in article 156.
\n
(3)The demand for the appointment of a guardian or of joint guardians may be made by any person who voluntarily wishes to be made subject to guardianship or by any person mentioned in article 189(3) of this Code or in article 521 of the Code of Organization and Civil Procedure.
\n
Persons subject to guardianship.
\n
Added by:
\n
XXIV.2012.3.
\n
Amended by:
\n
XXIV.2016.31.
\n
Functions of guardian.
\n
Added by:
\n
XXIV.2012.3.
\n
Obligations in respect of acts of guardianship.
\n
Added by:
\n
XXIV.2012.3.
\n
CIVIL CODE
\n
(4)If in any civil proceedings the Court considers that a party may need to be subject to guardianship, the Court shall refer the matter to the Guardianship Board established under Title IIIA of
\n
Part II of Book Second of the Code of Organization and Civil
\n
Procedure for its determination.
\n
(5)For the purposes of this Sub-title unless the context ot herwise requi res, the t erms \"mental disorder\" and \"other condition\" shall have the same meaning as assigned to them in article 189(4): \"disability\" shall have the same meaning as assigned to it in the Equal Opportunities (Persons with Disability) Act; \"mental disorder\" shall have the same meaning as assigned to it in the Mental Health Act:
\n
Provided that any reference in such definitions to \"disability of mind\" or to \"arrested or incomplete development of mind\" shall not be construed as a reference to a mental disorder for the purposes of this Sub-title.
\n
Art. 188B
\n
188B. A guardian shall: (a) be responsible to safeguard the personal and proprietary well being of the person to whose guardianship he is appointed; (b) act instead of the person to whose guardianship he has been appointed in matters of a personal or of a proprietary nature during such time when the said person is considered as not being capable of doing any one or more acts of civil life as specified in the Guardianship Order; (c) to do any other thing for or on behalf of the person to whose guardianship he is appointed as he may be ordered or authorised to do by the Guardianship Board established under Title IIIA of Part II of Book Second of the Code of Organization and Civil Procedure or by the Court of Voluntary Jurisdiction or as may be prescribed by regulations made under this Sub-title.
\n
Art. 188C
\n
188C. (1) The provisions of this Sub-title shall be construed and interpreted and every function, power, authority, discretion, duty or right conferred by this Sub-title or by any regulations made thereunder shall be exercised in such manner that: (a) the will of the person subject to guardianship is respected and given effect to the maximum extent possible; (b) the welfare of the person subject to guardianship is promoted and fostered; (c) the means used for the purpose of guardianship shall be proportionate to the aims which they are intended to achieve; and (d) the freedom of choice and action of the person subject to guardianship shall only be restricted when necessary and only to an extent that is proportionate to CIVIL CODE [CAP. 16. 83 the aim pursued.
\n
(2)In the exercise of his obligations the guardian shall act in the best interests of the person subject to guardianship and shall: (a) take appropriate measures to provide the support that the person subject to guardianship may require in exercising his legal capacity himself insofar as this is possible; (b) consult with the person subject to guardianship and take into account and respect the rights, will and preferences of the person insofar as this is possible; (c) encourage the person subject to guardianship to participate as far as possible in the life of the community; (d) encourage and assist the person subject to guardianship to become capable of caring for himself and for his property and of making responsible judgements in respect of matters relating to his person and property; (e) protect the person subject to guardianship from neglect, abuse or exploitation; and (f) provide to the person subject to guardianship, as far as possible, any assistive means as may be required for the proper fulfilment of the obligations provided in this sub-article.
\n
(3)Subject to the limits imposed in the Guardianship Order or by any other decision which the Guardianship Board may give from time to time, a guardian may on behalf of a person subject to guardianship sign and do all such things as are necessary to give effect to any functions or obligations vested in the guardian.
\n
Art. 188D
\n
188D. The Minister, in conjunction with the Minister responsible for Social Policy and the Minister responsible for Health may make regulations for the better implementation of the provisions of this Sub-title.
\n
Power to make regulations.
\n
Added by:
\n
XXIV.2012.3.
\n
Sub-title II O F I NTERDICTION AND INCAPACITATION
\n
Art. 189
\n
189.(1) A major who is a person with a mental disorder or other condition, which renders him incapable of managing his own affairs, or who is insane or prodigal, may be interdicted or incapacitated from doing certain acts, as provided in articles 520 to 527 inclusive, of the Code of Organization and Civil Procedure.
\n
(2)The same shall apply in regard to the minor referred to in article 156.
\n
(3)The demand for interdiction or incapacitation may be made Persons subject to interdiction.
\n
Amended by:
\n
II.2012.13.
\n
XXII.2025.6.
\n
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 compelled to supply maintenance to the person who has a mental disorder or other condition, which renders him incapable of managing his own affairs, or is insane or prodigal.
\n
(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 impairment which in interaction with various barriers may hinder one’s full and effective participation in society on an equal basis with others; and (b) \"mental disorder\" shall have the meaning assigned to it in the Mental Health Act:
\n
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.
\n
Deaf-mutes or blind.
\n
Art. 190
\n
190.(Deleted by Act II.2012.14).
\n
Interdiction of minor.
\n
Substituted by:
\n
XXIV.2012.4.
\n
Art. 191
\n
191.(1) A minor under tutorship may be placed under the guardianship or interdicted or incapacitated in the last year of his minority, and in any such case the Guardianship Board or the Court, as the case may be, may appoint as guardian or curator either the tutor or any other person.
\n
(2)The said guardian or curator shall only commence to administer the property as from the day of the termination of the tutorship.
\n
Nullity of acts performed by person interdicted.
\n
Art. 192
\n
192.The nullity of the acts performed by the person interdicted or incapacitated after the interdiction or incapacitation may only be set up by the curator, or by the person interdicted or incapacitated or his heirs or other persons claiming under him.
\n
Title VII
\n
O F A BSENTEES Definition of “absentee”.
\n
Art. 193
\n
193.A person who has ceased to appear in Malta and has not been heard of shall, for the purposes of the provisions contained in this Title, be deemed to be an absentee.
\n
CIVIL CODE [CAP. 16. 85 Sub-title I O F THE CURATORSHIP OF A BSENTEES
\n
Art. 194
\n
194.The presumptive heirs of an absentee, or any other person interested, may apply to the competent court in the island in which the absentee last resided, for the appointment of a curator to manage the property of such absentee, and for any other requisite directions for the preservation of his property.
\n
Art. 195
\n
195.Upon any such application, the court shall direct that an edict, drawn up according to Form A in Part II of the First Schedule to this Code, be twice, with an interval of at least one month, published in the Government Gazette, and posted up at the entrance of the building in which the court sits, and in any other place which the court may deem proper, calling upon any person having information respecting the absentee to communicate such information to the court, through the registrar.
\n
Art. 196
\n
196.(1) Any information respecting the absentee may be given either in writing, in any form, or orally.
\n
Application for appointment of curator.
\n
Amended by:
\n
IX.2004.14.
\n
Edict.
\n
Amended by:
\n
XXXI.1965.8;
\n
XIII.2007.13.
\n
Information respecting absentee.
\n
(2)Where the information is given orally, the registrar shall make a note thereof at the foot or in the margin of the application, or, if this is not practicable, on a separate sheet of paper to be kept with the application.
\n
(3)Any communication which is anonymous, or made by a person unknown and without an indication of the place in which such person may be found, will not be considered.
\n
Art. 197
\n
197.If, on the expiration of the time fixed in the second publication of the edict, no information shall have reached the court respecting the existence of the absentee, or the place where he may be found, the court shall appoint a person to make up, within such time as the court shall fix, an inventory of the property of the absentee, or, according to circumstances, a description of such property to be verified on oath by such person:
\n
Inventory.
\n
Provided that if the court shall have had information warranting further enquiries, it shall be lawful for the court, before making any such appointment, to direct such further enquiries to be made.
\n
Art. 198
\n
198.The court may, at any time, after the application referred to in article 194, authorize any competent person to perform, on behalf of the absentee, such acts as do not admit of delay.
\n
Art. 199
\n
199.(1) Upon the completion of the inventory or description, the court shall, before allowing the application, direct the curator designate to bind himself with hypothecation of his own property limited to a fixed sum, well and truly to administer the property of the absentee, and to render, on the termination of the curatorship, a true and faithful account of his administration.
\n
(2)Where the court deems it expedient that the curator designate should give security, the obligation of the surety shall also precede the appointment of the curator.
\n
Acts which do not admit of delay.
\n
Obligation of curator.
\n
CIVIL CODE Persons not competent to act as curators.
\n
Amended by:
\n
XLVI.1973.49.
\n
Art. 200
\n
200.(1) The persons who according to the provisions of article 163 are not competent for the office of tutor, shall not be competent for the office of curator.
\n
Court may appoint more than one curator.
\n
Amended by:
\n
XLVI.1973.50.
\n
Art. 201
\n
201.(1) It shall be in the discretion of the court to appoint two or more curators.
\n
Rendering of accounts.
\n
(2)No person is bound to accept the curatorship of an absentee.
\n
(2)In any such case the provisions of sub-articles (2) and (3) of article 161 shall apply.
\n
Art. 202
\n
202.(1) The curator shall render an account of his administration to the absentee, if he returns, or if he appoints an attorney, or to such persons as are vested with the possession of his property.
\n
(2)The provisions, however, of sub-article (1) of article 168 shall also apply to the said curator.
\n
Curator to represent absentee.
\n
Art. 203
\n
203.(1) The curator shall represent the absentee in civil acts and shall manage his property as a bonus paterfamilias.
\n
(2)He is bound to prosecute the enquiries about the existence of the absentee or the place in which he may be found, and to communicate to the court any information which he may receive.
\n
(3)Unless otherwise provided in the decree appointing the curator or in any other decree, the provisions of articles 169 and 177 to 182 inclusive shall also apply to such curator.
\n
Where the absentee has left an attorney.
\n
Art. 204
\n
204.(1) Where the absentee has left an attorney for the management of his property, the court shall, during the time the power of attorney is in force, give directions only with regard to such acts as the attorney may not perform under the power of attorney or in virtue of the law.
\n
(2)When the power of attorney expires, the foregoing provisions of this sub-title shall apply.
\n
Sub-title II O F THE P ROVISIONAL P OSSESSION OF THE P ROPERTY OF AN A BSENTEE Opening of wills.
\n
Amended by:
\n
LIV.1974.2;
\n
IX.2004.14;
\n
XXIV.2011.99.
\n
Edict.
\n
Art. 205
\n
205.After the lapse of three continuous years from the day the absentee was last heard of, or of six years, if the absentee has left an attorney to manage his property, the competent court in the island where the absentee last resided, may, upon the application of any person interested, order the opening of any secret will, or declare, notwithstanding the provisions of article 68 of the Notarial Profession and Notarial Archives Act, accessible any public will, which the absentee may have made.
\n
Art. 206
\n
206.(1) Upon any such application, the court shall hear the CIVIL CODE [CAP. 16. 87 attorney or curator, if any, and, if it is of opinion that the order sought for should be given, shall direct that an edict similar to that referred to in article 195 be published in the Government Gazette, and posted up at the entrance of the building where the court sits, and in any other place which it may deem proper.
\n
(2)The provisions of article 196 relating to any information which may be given in regard to the absentee, shall apply also in the case referred to in this article.
\n
Art. 207
\n
207.After the lapse of six months from the publication of the edict, the court, in default of any information respecting the absentee, shall, by a decree, order the opening of any secret will, or, as the case may be, declare accessible any public will which the absentee may have made.
\n
Art. 208
\n
208.The testamentary heirs of the absentee or their heirs, or where the will does not contain any institution of heir, such persons as would have been the heirs-at-law of the absentee, if he had died on the day he was last heard of, or their heirs, may make a demand to the competent court in the island in which the absentee last resided, that they be vested with the provisional possession of the property.
\n
Art. 209
\n
209.(1) Where there is no secret or public will, the demand referred to in the last preceding article, may be made immediately upon the expiration of the times respectively established in article 205.
\n
Where six months have elapsed without any information respecting absentee.
\n
Demand for provisional possession by heirs-at-law in default of institution of heir, Amended by:
\n
LIV.1974.4;
\n
IX.2004.14. or in default of secret or public will.
\n
(2)Upon such demand the court shall hear the attorney or curator, if any, and, if expedient, shall issue an edict similar to that referred to in article 206, causing it to be posted up as provided in that article; and it shall give the requisite decree on that demand after the lapse of six months from the publication of the edict.
\n
Art. 210
\n
210.The edict prescribed in articles 206 and 209 shall be published and posted up twice, with an interval of at least one month, unless, before any of the demands mentioned in those articles, a curator shall have been appointed; and in any such case the time of six months which is to elapse before the court’s decree shall run from the second publication of the edict.
\n
Art. 211
\n
211.When the demand by the heirs to be vested with the provisional possession of the property, has become competent, even though no such demand shall have been made by them, the legatees, donees, and all other persons having rights on the property of the absentee depending on his death, may, by sworn application against the testamentary heirs or the heirs-at-law, as the case may be, and the attorney or curator, if any, demand to be allowed to exercise such rights provisionally.
\n
Art. 212
\n
212.The heirs, and the persons mentioned in the last preceding article, shall be placed in the provisional possession of the property, or allowed to exercise their eventual rights, only on condition of giving security in an amount to be fixed by the court, in terms of article 352.
\n
Art. 213
\n
213.Where any of the presumptive heirs or other persons Publication of edict.
\n
Rights of legatees, etc.
\n
Amended by:
\n
XXII.2005.81.
\n
Security.
\n
Other caution in default of security.
\n
Spouse may demand maintenance.
\n
Effects of provisional possession.
\n
Inventory of property.
\n
Amended by:
\n
IX.2004.14.
\n
CIVIL CODE having rights on the property of the absentee is unable to give the said security, it shall be in the discretion of the court to order such other caution as it may deem proper in the interest of the absentee, having regard to the condition of the applicants, to their relationship with the absentee, and to other circumstances.
\n
Art. 214
\n
214.The spouse of the absentee, in addition to what is due to him or her in virtue of the marriage contract, or by succession or by any other title according to law, may, in case of need, demand an allowance for maintenance, to be fixed according to the condition of the family and the amount of the estate of the absentee.
\n
Art. 215
\n
215.The persons vested with the provisional possession of the property of the absentee, and their successors, shall have the administration of such property, the right to sue or defend in matters touching the rights of the absentee, and the enjoyment of the fruits of the property, subject to the restrictions hereinafter prescribed.
\n
Art. 216
\n
216.(1) The persons vested with the provisional possession of the property of the absentee shall take the necessary steps, before the competent court, to make up, within three months from the day on which they have been vested with such possession, an inventory of the movable property and a description of the immovable property of the absentee, unless dispensed therefrom by the court on the ground that such inventory or description had already been made under the provisions of article 197, or for any other good cause.
\n
(2)The court may, if necessary, direct the said inventory or description to be made before granting the demand for provisional possession.
\n
Powers of persons vested with provisional possession.
\n
Art. 217
\n
217.(1) The persons vested with the provisional possession of the property of the absentee may not, without the authority of the court, alienate or hypothecate the immovable property or perform any act other than of ordinary administration.
\n
(2)The court shall, where necessary, order the sale of all or part of the movable property; and in any such case the proceeds shall be invested at interest, or in any other manner which the court shall deem proper.
\n
Enjoyment of fruits.
\n
Amended by:
\n
LIV.1974.5.
\n
Art. 218
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218.(1) Where the persons vested with the provisional possession of the property, or allowed to exercise their rights provisionally under article 211, are ascendants, descendants, or the spouse of the absentee, they shall retain all the fruits for their own benefit.
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(2)Where the said persons are relations of the absentee in any other degree, or strangers, they shall be bound to reserve one-third part of the fruits:
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Provided that after the lapse of ten continuous years from the day the absentee was last heard of or of six years from the entry of provisional possession, the whole of the fruits shall belong to the said persons.
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CIVIL CODE
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Art. 219
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219.(1) If, during the period of provisional possession, any person shall prove that, at the time of the grant of such possession, he had a prior or equal right to that of the possessor, it shall be law f ul f or such p erson to ex cl ud e t he p osses sor from such possession, or to cause himself to be associated therein. [CAP. 16. 89 Prior or equal right to provisional possession.
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(2)The said person, however, shall only be entitled to such fruits as will accrue from the day of the judicial demand.
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Art. 220
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220.(1) If the absentee reappears, or if his existence is established, the effects of the provisional possession, or of the authority to exercise the right mentioned in article 211, shall cease, and the court shall give the necessary directions for the preservation and administration of his property.
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Return of absentee.
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Amended by:
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XI.1977.2.
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(2)The possessors of the property, and such persons as may have obtained any payment by reason of the exercise of any right depending upon the death of the absentee, shall be bound to restore the same together with the fruits, as provided in sub-article (2) of article 218.
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Art. 221
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221.If, during the period of provisional possession, the time of the death of the absentee is established, his succession shall become open in favour of such persons as at that time were his testamentary heirs or heirs-at-law, or of their successors; and the persons who have had the enjoyment of the property, shall be bound to restore it, together with the fruits, as provided in subarticle (2) of article 218.
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Art. 222
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222.After the grant of provisional possession, any person having any claim against the absentee shall bring forward such claim against the persons vested with the possession of the property.
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Death of absentee.
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Amended by:
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XI.1977.2.
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Action by persons having rights against absentee.
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Sub-title III O F THE A BSOLUTE P OSSESSION OF THE PROPERTY OF AN A BSENTEE
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Art. 223
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223.If the absence has continued for a period of six years since provisional possession has been granted, or if an application made by the testamentary heirs or the heirs-at-law of the absentee before the court of voluntary jurisdiction of the island in which the absentee last resided against curators appointed by the said court such absence has been declared by a decree to have subsisted for a period of ten continuous years from the day the absentee was last heard of, the court of voluntary jurisdiction shall, upon the demand of the parties interested, awa rd a decree, granting absolute possession of the property and the absolute exercise of the rights de pe nd i ng up o n t he d e a th of th e a b s e nt e e , d i s c h a rg in g t h e securities and directing any other caution which may have been imposed if any, to cease:
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Provided that if the absent person is a minor, the period of Absolute possession.
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Substituted by:
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LIV.1974.6.
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Amended by:
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IX.2004.14;
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XXII.2005.81.
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Substituted by:
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XV.2012.10.
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CIVIL CODE absence established under this article shall run from the day such person would have attained majority.
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Cases where absolute possession takes place.
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Amended by:
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LIV.1974.7
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Art. 224
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The provisions of the last preceding article, or, as the case may be, the declaration of the opening of the succession may also take place, even though no curator shall have been appointed, nor provisional possession granted as provided in the preceding two sub-titles, in each of the following cases: (a) if one hundred years since the birth of the absentee, and at least one year since the last news of him, shall have elapsed; (b) if eighty years since the birth of the absentee, and at