And On Interdiction On Disqualification

Original Language Title: Sulla Interdizione E Sulla Inabilitazione

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LAW ON THE PROTECTION AND THE PROHIBITION ON THE DISQUALIFICATION April 27, 1911 CHAPTER I. Of legal age. Art. 1. - are of legal age and legally capable all of us peasants who have completed 21 years, (1) to the exceptions set out in this law. CHAPTER II. General Provisions on the Protection, etc. BTWC. (2) Art. 2. - Children under 21 years of age, of which both parents are dead, or incurred as a result of criminal conviction in the loss of parental authority, or civil rights, or do not have for over a year , they are subject to protection. They are also subject to protection, and must be int said the major of age, who are in a position to customary infirmity of mind that makes them unable to provide for their own interests. Art. 3. - They are subject to guardianship and must be declared unfit to stand trial, do transactions, borrowing, receiving capital, release lib ration, alienate and mortgage their property, and do other act that exceeds the simple administration if za the assistance of the curator, the mentally ill, whose status is not so serious to give rise to the disqualification, and the prodigal. They will still be subject interdiction deaf dumb and blind from birth. Art. 4. - The Official of Civil Status, which receives the declaration of death of a person who has left a minor children who have lost both parents must be notified immediately to the Law Commissioner. Equally it is mandatory to physicians, either governmental or private person to give written notice to the Commissioner of the Law of the people who are being treated, and they consider living with mental illness. Even the Provincial Political and relatives when they consti of mentally ill or suffering from prodigality, will give the same warning to the Commissar or the Law. Art. 5. - The mother wanting to move to the new marriage has to convene, by submitting a request to the Commissioner of the Law, a family council pursuant to art. 13. The Council will decide whether the administration of the goods should be kept the same, and can place conditions on the administration of the child's assets, and the education of these. In the absence of such a conference mother lose Administration Law, and the Law Commissioner, convened a Family Council as in Art. 13:14, will be able to appoint a guardian to the goods and the person of minors. Chapter III Della protection. Art. 6. - The appointment of a guardian for minor children will essre made by one of the parents who is surviving for deed and wills. Lacking the appointment of a guardian for the surviving parent, the responsible protection of paternal all'avo law, and failing, all'avo breast. The economy made by the parent, or the protection of due all'avo paternal rights, or breast, the Law Commissioner will take note confirming with appropriate Decree guardian. Art. 7. - Lacking the appointment made by the parents, and lacking the legal guardians, we will proceed to the appointment of a guardian by the family council constituted as article 13 et seq. Art. 8. - The office of the guardian is free, and can not be refused for serious reasons recognized by the Law Commissioner, who will, together with the Family Council, replace immediately. Art. 9. - The guardian within 5 days of receipt of the Decree of the Commissioner, which is confirmed in his office in the sense of CHAPTER V. 6, or that the resolution of the Family Council in accordance with art. 7, should proceed, after taking of the oath, by the Registry of the Commissioner's Court, the inventory of assets, coll'intervnto a member of the board of managing the family by the Law Commissioner. This inventory shall be filed with the Commissioner's Court. and the commissioner. Art. 10. - THE guardian, a lot of parents that appointment of appointment of the Family Council, if it is not excused from this will have to give bail in the amount and manner to be determined by the Board. Art. 11. - The tutor without the authorization of the family board, can not collect the capital of the child, take a mortgage money, contract liabilities is either unsecured mortgage, sell property, grant liens and mortgages, making leases in excess of three years , accept or reject inheritance, carry out divisions, settle and stay in giudizo less for judicial acts or related to the simple administration. Art. 12. - Each guardian must annually present the state of his administration to the Family Council will instruct an adviser examination of this statement to report back to the Board for its approval.
The definitive account of protection must make the same protected, when has come of age or emancipated, and the new guardian when the protection ceases for other reasons. The family council should always also approved the final account. Head Of The Family Council IV. Art. 13. - been verified the opening of guardianship or interdiction, it is constituted by the Law Commissioner a family council composed of the presiding commissioner and four consultants, including the tutor dative or law or whatever it may be appointed to that office, chosen from among the relatives more 'next and in-laws, or failing that, Br other honest citizens and experts. No one may deny a consultant office, and only can be excused for just reasons recognized by the Law Commissioner. Art. 14. - The Family Council in the cases provided by law, shall appoint the guardian of the four consultants chosen by the Commissioner of the law. The Family Council, as well as pei annual reports, will be convened during the course of protection, for instance of the guardian or two advisers, or ex officio by the Commissioner of the law. Art. 15. - In the family council and the office of the guardian of the consultants is free. Chapter V. interdiction. Art. 16. - The prohibition referred to in paragraph 1. Art. 2 can be promoted with a regular judgment by any relative, spouse, attorney from the tax authorities. But it will be on the faculty of the Commissioner of the law to provide, even before or pending the judgment, the appointment of a provisional liquidator in cases of emergency. Art. 17. - With the Decree of the Commissioner of the law, which admits the citation dell'interdicendo, will be ordered to convene a family council Panel composed as art. 13, which will have to rule on whether interdiction. At the same time it will proceed by the Commissioner of interrogation Law dell'interdicendo without the intervention of the party which promoted the ban. Exhausted these obligations, the judgment will have its CRSO intervening to conclusions even the prosecutor of the Treasury. Art. 18. - The ruling admitting the ban will have its effect after publication. The same must be intimated as much all'interdeto as to the person, elected by the Law Commissioner, in that judgment, as curator ad hoc, to put a cursor especially delegate. Art. 19. - By sponsoring institution of the proceedings, and failing that, office, within five days of the publication of the judgment ordering the disqualification, the same will have to be entered in the Register to be held by the Chancellery and the register the protections, prohibitions to be affixed in the same stationery as art. 27. An extract will also be posted in places designated all'affissione parishes by the Republic, and inserted in the bulletin of giudiziarii announcements of finitime provinces of the Kingdom of Italy, Forlì and Pesaro-Urbino. Art. 20. - In the midst of the ad hoc curator, in art. 18, will be the person to which it was given the ban, within 10 days of the notice, appeal from the judgment. Art. 21. - By the Commissioner of the law, also in us que days of the publication of the judgment of interdiction, will be convened, in the sense of Article. 13 the family council, which at its first meeting will proceed to the appointment of a guardian in accordance with Art. 14. But when the interdict has the greatest spouse age and not legally separated, the same will be his guardian of law. And guardian of law after the spouse, the father will also be Interdict, and in his absence the mother. Existing guardian of law, the Law Commissioner will take note, and so at their next meeting, will take note of the Family Council. Art. 22. - All provisions relating to the office, functions and duties of the guardian, under Art. 8. 9. 10. 11. 12., shall also apply to the guardians and family Tips Interdict. Chapter VI Dell'inabilitazione. Art. 23. - The disqualification, article 3 of which can be promoted by regular proceedings in the ways and forms indicated by article 16 and 17: the decision that the ruling will also have its effect after publication, it must be notified in article 18 forms, and then recorded, posted and inserted in article 19 sense. Art. 24. - The person against whom the judgment was pronounced incapacitation will promote by the trustee, referred to in article 18 and 20, appeal within 10 days dall'intimazione. Art. 25. - By the Commissioner of the law within five days of the publication of the judgment will proceed, in mind article 13 to convene the family council for the appointment of
curator. (Art.14). However, existing or the spouse not separated or - in his absence - the father or the mother dell'inabilitato, the same will be curators of law. Art. 26. - The office of the curator is free: and the same d VRA to account at the end of his administration, at the same incapacitated, whose disqualification is revoked nanny, or the new curator, and always with the assistance of a family council appointed by the Law Commissioner. CHAPTER VII. the protection register, interdictions and inabilitazion, and register of minors, interdicted and incapacitated. Art. 27. - At the Commissioner's Court has established a registry of protections, prohibitions and inabilitazion, held by the Civil Registry. It 'also established a register, to be affixed in the Chancellery, the Interior Secretariat and the Office of the Registrar of prohibited minors and incapacitated hill indications of their guardians and curators. CHAPTER VIII. Cessation of interdiction and incapacitation. Art. 28. - The lifting of the interdiction and dell'inabilitazione, when they come to an end the causes that have given you the place, this is induced and achieved coll same procedure established for their declaration to article 16. 17. 18. 23. 24. The judgment revoking such measures will also be recorded, posted and inserted to extract, in accordance with d ll'art.19. Art. 29. - The following are repealed all the Bank's bylaws, as well as other laws and special decrees, and also customary, that are contrasted this with the law, which takes effect on the day of its publication. Art. 30. - The front acts interdiction or incapacitation may be canceled if the cause of interdiction or incapacitation existed at the time that took place the same acts and always if, or to the quality of the contract or for the serious damage that it is derived or it might lead to interdict or disabled, or otherwise that, without such a condition, or mind or spirit, the same would not have signed the deed contract. Art. 31. - Since the publication of the law, within 15 days, in the care of guardians, relatives, the Prosecutor of the Treasury and of the Council of Twelve will be notified to the Law Commissioner of the protections, prohibitions and disqualifications in cors, and which will in most 'short term provided for under the law present.