« 上一頁繼續 »
ART. 393.-The interdiction takes place from the day of presenting the petition for the same.
Art. 394.-All acts done by the person interdicted from the date of the filing the petition for interdiction, until the day when the same is pronounced, are null.
ART. 395.-No act anterior to the petition for the interdiction shall be annulled, except where it shall be proved that the cause of such interdiction notoriously existed at the time when the deeds, the validity of which is contested, were made, or that the party who contracted, with the lunatic or insane person, could not have been deceived as to the situation of his mind.
Notoriously, in this article, means that the insanity was generally known by the persons who saw and conyersed with the party.
ART. 396.-After the death of a person, the validity of acts done by him cannot be contested for cause of insanity, unless his interdiction was pronounced or petitioned for previous to the death of such person, except in cases in which mental alienation manifested itself within len days previous to the decease, or in which the proof of the want of reason results from the act itself which is contested.
ART. 397.-Within a month, to reckon from the date of the judgment of interdiction, if there has been no appeal from the same, or if there has been an appeal then within a month from the confirmative sentence, it shall be the duty of the judge of the parish of the domicil or residence of the person interdicted to appoint a cura tor to his person and estate.
ART. 398.—Thisappointment is made according to the same forms as the appointment to the tutorship of minors.
After the appointmentofthe curator to the person interdicted, the duties of the administralor pro tempore, if he shall not have been appointed curator, are at an
end; and he shall give an account of his administration to the curator,
Art. 399.-The married woman, who is interdicted. is of course under the curatorship of her husband, Nevertheless it is the duty of the husband, in such case, to cause to be appointed by the judge a curator ad litem, who may appear for the wife in every case when she may have an interest in opposition to the interest of her husband, or one of a nature to be pursued or defended jointly with his.
ART. 400.—The wife may be appointed curatrix to her husband, if she has, in other respects, the necessary qualifications.
She is not bound to give security.
ART. 401.-No one, except the husband with respect to his wife, or wife with respect to her husband, the relations in the ascending line with respect to the relations in the descending line, and vice versa the relations in the descending line with respect to the relations in the ascending line, can be compelled to act as curator to a
person interdicted more than ten years, after which time the curator may petition for his discharge.
ART. 402. — The person interdicted is, in every respect, like the minor who has not arrived at the age of puberty, both as it respects his person and estate; and the rules l'especting the guardianship of the minor, concerning the oath, the inventory and the security, the mode of administering, the sale of the estate, the commission on the revenues, the excuses, the exclusion or depravation of the guardianship, the mode of rendering the accounts, and the other obligations, apply with respect to the person interdicted.
ART. 403.-When any of the children of the person interdicted is lo be married, the dowry or advance of money to be drawn from his estate, is to be regulated by the judge, with the advice of a family meeting.
ART. 404.-According to the symptoms of the disease, under which the person interdicted labors, and according to the amount of his estate, the judge may order that the interdicted person be attended in his own house, or that he be placed in a beltering house, or indeed if he be so deranged as to be dangerous, he may order him to be confined in safe custody.
ART. 405.—The income of the person interdicted shall be employed in mitigating his sufferings, and in accelerating his cure, under the penalty against the curator of being removed in case of neglect.
ART. 406.-He who petitions for the interdiction of any person, and fails in obtaining such interdiction, may be prosecuted for and sentenced to pay damages, if he shall have acted from motives of interest or passion.
ART. 407.-Interdictiou ends with the causes which gave rise to it. Nevertheless the person interdicted cannot resume the exercise of his rights, until after the definitive judgment by which the repeal of the interdiction is pronounced.
ART. 408.—Interdiction can only be revoked by the same solemnities which were observed in pronouncing il.
ART. 409.-Not only lunatics and idiots are liable to be interdicted, but likewise all persons who, owing to certain infirmities, are incapable of taking care of their persons and administering their estates. Such
persons shall be placed under the care of a curator, who shall be appointed and shall administer in conformity with the rules contained in the present chapter.
ART. 410.-The person interdicted cannot be taken out of the state without a judicial order, given on the recommendation of a family meeting, and on the opinion delivered under oath of at least two physicians, that they believe the departure necessary to the health of the person interdicted.
RT. 411.–There shall be appointed by the judge a
superintendent to the person interdicted, whose duty it shall be to inform the judge, at least once in three months, of the state of the health of the person interdicted, and of the manner in which he is treated.
To this end, the superintendent shall have free access to the person interdicted, whenever he wishes to see him.
ART. 412. It is the duty of the judge to visit the person interdicted, whenever from the information he receives, he shall deem it expedient.
This visit shall be made at times when the curator is not present.
Art. 413.-Interdicting is riot allowed on account of profligacy or prodigality.
Of the Other Persons to whom Curators are appointed.
ART. 414.-If a person be absent from the State, with out having appointed any person to administer his estate, and if it should be necessary to appoint some one for that purpose, the judge shall name a curator to administer such estate, according to the rules prescribed in the title of absentees.
ART. 415.-If a wife happens to be pregnant at the time of the death of her husband, no guardian shall be appointed 10 the child till after his birth; but if it should be necessary, the judge may appoint a curator for the preservation of the rights of the children who may
be born, and for the administration of the estate which may belong to such child.
ART. 416.-If a succession happens to be without heirs or executors, as if the deceased left behind him no relations, nor instituted any person his heir by will, or he who has a right to succeed has renounced the succession, or is absent, or being present, deliberales whether be will accept the siiccession, and in the mean time refuses yo intermeddle, it shall be the duty of the judge to appoint a curator or administrator to the estate, for the preservation of the estate belonging to the inheritance and its administration, as it is prescribed in the chapter of vacant successions, title of successions.
ART. 417.-When a debtor surrenders his estate for the benefit of his creditors, they may cause a curator to be appointed, whose duty it shall be to take care of such estate, or they may appoint one or more persons under the name of syndics, or assignees, to have the management of the estate.
Of the Nature of Corporations, of their Use and Kinds.
ART. 418.-A corporation is an intellectual body, created by law, composed of individuals united under a common name,
the members of which succeed each other, so that the body continues always the same, notwithstanding the change of the individuals which compose it, and which, for certain purposes, is considered as a natural person.
ART. 419.—The use of corporations is to contribute by the union and assistance of several persons, to the promotion of some object of general utility, although they be at the same time established for the advantage of those who are members of such corporations.
ART. 420.–Corporations are of two kinds : political and private.
Political corporations are those which have principally for their object the administration of a portion of the State, and to whom a part of the powers of government is delegated to that effect.