KUHPer VI
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Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1778) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter XVIII - Concerning Conservatorship
Article 456
Individuals, who due to continuous misconduct, are unfit to be left alone, or endanger the safety of others, shall be treated in the manner stipulated in the regulation concerning the legal organization and the policy of justice.
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Article 457
In the event of an emergency, the heads of the local government shall be authorized to take the individuals mentioned in the previous article into secured custody, subject to further approval of the court of justice. They are required to act with the utmost caution and shall within four days, or in the event that the seat of the relevant court of justice is established on another island, at the first shipping opportunity, by submission of the documents, notify the authorized officer of justice of the temporary detention, who shall, immediately after the receipt of the documents, submit these with his address to the court. If the court of justice does not find any reasons for validating the detention, the judgment shall contain the order for the release. This judgment, shall be implemented by the relevant head of the local government, immediately after receipt of same, and shall be notified to the officer of justice, in the manner described in the second paragraph of this article.
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Article 458
A minor child of an individual who is placed under conservatorship shall not enter into matrimony, or make any provisions therefor, unless they have complied with the requirements set forth in articles 38 and 151.
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Article 459
No one, with the exception of spouses and blood relatives in the ascending or descending line, is required to remain as conservator for more than eight years; after the expiration of this time period, the conservator may demand his release, and it shall be granted to him.
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Article 460
The conservatorship shall be terminated, if the reasons for which it arose no longer exist notwithstanding this, the release of the conservator shall not be granted unless the formalities stipulated by law in order to become conservator are complied with, and the individual placed under conservatorship, shall not be able to resume the exercise of his rights, until the judgment for release of conservatorship has become legally valid.
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Article 461
The release of the conservator shall be made known, in the manner described in article 444.
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Article 462
A minor, who is in a state of simple-mindedness, insanity or rage, shall not be placed under conservatorship, but shall remain under the supervision of his father, mother or guardian. Paragraphs 2 and 3 are revoked pursuant to S.97-53.
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Chapter XVIII - Concerning Absence
Article 463
In the event that an individual has left his residence without granting any authorization for the administration of his affairs and interests, or without leaving the management thereof in order, or if the authorization granted by him has expired, and if continued full or partial management, or representation of him is necessary, then at the request of the interested parties or upon the demand of the prosecution counsel, the court of justice, at the place of domicile of the absent party, shall assign the full or partial management and administration of his assets and interests, to defend his rights, and to represent him therein to the Orphans' Chamber. The above shall be without prejudice to the specific legal regulations, with regard to bankruptcy or evident insolvency. The court of justice shall be further authorized, either by decree as mentioned in the first paragraph, or pursuant to a subsequent decree, at the request or claim as referred to above as well as by deviating from the request submitted or the claim filed in the course of duty, to leave the management of the assets and the administration of the interests of the absent party due to the size being so small, to one or more blood relatives or relatives by marriage to be nominated by the court or to the spouse, subject only to the requirement to return the assets or the value thereof, after deducting the debts owed, without any gain or income. The requirements set forth in the following articles of this section shall not apply to managers.
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Article 464
The Orphans' Chamber is obligated, if so required, after the sealing, to prepare a proper description of the assets entrusted to their care. They shall further comply with the requirements regarding the management of the assets belonging to the minor, to the exrent that they apply to their management, unless the court of justice has stipulated otherwise.
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Article 465
The Orphans' Chamber is obligated to submit annually to the prosecution counsel at the court of justice by which they were nominated, a summarized balance sheet, and shall present the effects and documents relevant to this management. This account shall be drawn up on paper which has not been stamped, and shall be submitted without any legal format. The prosecution counsel shall submit such proposals as it deems necessary in the interest of the absent party. The approval of this account shall not interfere with the right which the absent party or other interested parties may have pursuant to any objection they may have made to such account.
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Article 466
Revoked: S.28-210; authority granted for management in Bw.463v. specific wage to be stipulated.
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Article 467
In the event that an individual leaves his residence without granting any authorization in respect of the administration of his affairs and interests or leaving the management thereof in order, and if five years have elapsed since his departure, or since the most recent communication which could have revealed that he was still alive during that period, provided that there has been no evidence within those five years of his existence or his demise, regardless of whether or not temporary provisions have been ordered, then that absent party shall, at the request of interested parties, after having obtained approval of the court of justice at the place of his abandoned domicile, be summoned to appear before the same court pursuant to a public subpoena valid for three months or longer as may be instructed by the court. If neither the absent party, nor a representative who may prove his existence appears upon the subpoena, permission shall be granted for a second such subpoena, and if no appearance as referred to above is made upon the second subpoena, permission for a third such subpoena shall be granted. This subpoena shall each time be placed in such newspapers as the court of justice, at the time of granting of the first permission is granted, shall specifically indicate, and shall also be affixed to the main door of the session room of the court of justice, and on the entrance of the office building of the residency within which the absent party resided.
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Article 468
If neither the absent party nor a representative who proves his existence appears upon the third subpoena, the court of justice may declare, pursuant to the claim filed, after having heard the prosecution counsel, that there are legal presumptions of demise effective as of the date that the absent party may be presumed to have left his residence, or after the most recent communication of his existence, which date shall be stipulated in the judgment.
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Article 469
The court of justice shall, if necessary, prior to issuing a decision upon the claim, after a hearing of the witnesses summoned thereto which must be held in the presence of the prosecution counsel, consider the causes of the absence, matters which could have prevented the receipt of information from the absent party, and all other circumstances relevant to the presumed demise. The court of justice may, on these grounds, delay the issuance of the decision for not more than five years beyond the time period mentioned in article 467, and order such other summons and publication thereof in the newspapers, as the court may deem necessary in the interest of the absent party.
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Article 470
If an individual, upon departing his residence, granted an authorization for the administration of his affairs or left the management thereof in order, and ten years have elapsed since his departure or since the most recent communication of his existence, and provided that during those ten years there has been no evidence of his existence or demise, such absent party, at the request of the interested parties, shall be summoned and it shall be declared that there are legal presumptions of demise in the manner and pursuant to the requirements as mentioned in the three previous articles. This period of ten years shall be applicable notwithstanding that the authority granted by or orderly management on behalf of the absent party may have terminated earlier. In the latter mentioned instance, the management shall be provided for in the manner refereed to in the first section of this title.
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Article 471
The declaration of presumed demise shall be published in the same newspapers, in which the public subpoenas have been published.
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Article 472
The presumed heirs of the absent party who, either pursuant to right of succession or by will, should be entitled to the inheritance on the date specified in the judgment, shall be authorized to demand an account and submission by the Orphans' Chamber in the event that the management of the assets of the absent party has been assigned to them, and to take possession of the assets of the absent party; subject to them providing an approved personal or business guarantee that the assets shall be used in such a way that does not result in them being damaged, impaired or neglected and that they shall have the same value when returned, if the nature of the goods so permits, and such for the benefit of the absent party in the event that he returns or of other heirs who subsequently appear to have a superior right to their. In the event that a will exists, the presumed heirs, together with all interested parties, shall hereafter be authorized to demand that the will shall be opened.
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Article 473
Failure to provide the security mentioned in the previous articles shall result in the assets being placed under the management of a third party, and with regard to movable assets a sale may be instructed, having regard to the requirements set forth in articles 786 and 787 of this Civil Code.
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Article 474
The presumed heirs, shall have the same rights with regard to enjoyment of the assets of the absent party, and shall be subject to the same obligations which have been imposed on the users of the proceeds, to the extent that the stipulations in respect of such matters are applicable, and there are no other provisions regarding such matter.
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Article 475
Pursuant to the provisions set forth in the three previous articles regarding the presumed heirs of the absent party, the legatees, and all others who would have had any rights in respect of the assets of the absent party, following his death, shall immediately exercise their rights.
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Article 476
Individuals who have gained possession or management of some assets are, to the extent applicable to them, required to submit a balance sheet and account for their actions to the absent party, should he return, or to other heirs or rightful individuals who might appear and prove their superior rights.
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Article 477
The presumed heirs are, immediately upon taking possession, required to accurately record all the assets left by the absent party. They shall be granted the benefit of the estate description. In the absence of such estate registration, and in the circumstances described in article 1031, they shall lose the privilege granted above, without prejudice to the obligations described in the previous article.
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Article 478
Without prejudice to the aforementioned provisions and insofar as it is not otherwise instructed, the presumed heirs may immediately distribute among one other the assets of the absent party, of which they have taken possession, having regard to the requirements, drawn up regarding estate distribution. The sale of the fixed assets shall not be permitted for the purpose of distribution, but shall, in the event that they cannot be divided or can not be part of a plot of land, be sequestered, and the income there from shall be paid out, as agreed in the allotment. A deed shall be drawn up and executed regarding the above matter, further setting out that which has been paid out to legatees or other entitled individuals.
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Article 479
The estate description and the deed, referred to in the previous article, together with the deed of security, shall be submitted and kept with the court clerk at the court of justice which has passed the judgment of presumed demise.
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Article 480
The individuals, who pursuant to the previous stipulations, have received their share of fixed assets, or to whom the management thereof has been assigned, may demand as their security, that those assets shall be assessed by experts who shall be nominated by the court of justice within whose legal jurisdiction they are established, and a description of their condition shall be drawn up. Following the report of the experts to the court, and after obtaining the approval of the court upon hearing the prosecution counsel, the description and the report shall be kept with the court clerk.
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Article 481
Those fixed assets of the absent party, which have been distributed to one of the presumed heirs or have been placed in his management, shall thereafter not be transferred or encumbered prior to the expiration of the time period hereafter stipulated in article 484, unless there are significant reasons and by approval of the court of justice.
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Article 482
If the absent party returns after the declaration of presumed demise, or if there is evidence that he is still alive, the individuals who have profited from the gains and income from his assets must return such, as follows:- one half at the time of the return or at the time of receipt of evidence that he is alive, within fifteen years after the date of the presumed demise stipulated in the judgment; or otherwise one fourth, if such takes place later, or prior to the lapse of thirty years following such time. This is subject to the court of justice which has passed the judgment of presumed demise, due to the minimal number of assets remaining, stipulating otherwise with regard to the return of gains and income or totally discharging the individuals from the obligation to return gains and income.
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Article 483
If the absent party has entered into a marriage on the basis that there would be community of property, or based upon profit and loss only, or upon gains and income, and his or her spouse chooses to retain community of property, he or she may delay the provisional possession by the presumed heirs and the exercise of the rights, which would arise only upon the death of the absent party, and pursuant to the requirement for description mentioned in article 477, assume or maintain the management of the assets prior to all others. Not with standing this, the delay of possession and the consequences thereof shall continue to exist for more than ten full years, effective as of the date stipulated in the judgment in which the presumed demise is declared. If, however, the spouse does not object to possession by the presumed heirs, he or she shall take his or her share in the community property, or several assets, and anything that he or she might be entitled to, provided that he or she provides security in respect of several assets which may need to be returned. A wife who chooses to continue community of property shall reserve the right to dissolve such community of property in the passage of time.
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Article 484
In the event that thirty years have elapsed since the date of the presumed demise stipulated in the judgment, or if less than one hundred full years have elapsed since the birth of the absent party, the guarantors shall be dismissed, and the distribution of the assets that has already taken place shall remain valid, or else the presumed heirs shall pass on to a definite distribution, and all other rights to the inheritance shall be implemented definitely. The privilage of estate description shall then cease, and the presumed heirs shall be required to accept or refuse, pursuant to the stipulations regarding such matter.
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Article 485
If, prior to the time period stipulated in the previous article, information is received regarding the demise of the absent party, the individuals who, at the time of death, pursuant to the law or based upon stipulations of the absent party, obtained rights to his estate or pursued those rights, shall demand the submission of a balance sheet and account, pursuant to articles 476 and 482.
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Article 486
In the event that the absent party returns or indicates that he is still alive after thirty years have elapsed since the date of his presumed death, stipulated in the judgment, then he shall only be entitled to claim for the return of his assets in the condition that they are in at that time, together with the price of the assets which have been disposed of, as well as those which have been purchased from the proceeds of his sold assets, provided that he shall not be entitled to any gain or income in respect thereof.
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Article 487
In this regard the children and other descendants of the absent party shall also be entitled to claim the return of his assets, in the event that they appear within thirty years after the period of time stipulated in article 484.
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Article 488
If the judgment indicates a legal presumption of demise, then all legal claims on behalf of the absent party shall be filed against the presumed heirs who have taken possession of his assets; without prejudice to the entitlement of the latter mentioned to invoke the privilege of estate description.
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Article 489
The individual, who has a claim to a right which would have passed on to him from an absent party, but which was granted previously to the absent party after his existence had become uncertain, shall be required to prove that the absent party was alive at the time that this right was granted to him; if he cannot prove this, he shall be declared ineligible to file a claim.
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Article 490
If the absent party whose existence is uncertain has become entitled to an inheritance or legacy, which, if he was not alive, other individuals would be entitled to, or which other individuals would share with him, then those other individuals shall take possession of such inheritance or legacy or part thereof as if the absent party has passed away and they shall not be required to prove his death; they shall, however, obtain prior consent from the court of justice in whose jurisdiction the morgue is located, which shall order a public summons, and for the benefit of the interested parties shall stipulate the necessary protective measures.
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Article 491
The provisions of the two previous articles shall not preclude any authority to claim in respect of the inheritances and all other rights which are thereafter awarded to the absent party or individual entitled thereto. The authority and rights shall become void due to the lapse of time under the statute of limitations.
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Article 492
In the event that the absent party returns thereafter or the right to his name is prosecuted, then the return of gain and income may be claimed, effective as of the date on which the right is awarded to the absent party, pursuant to and subject to the stipulations of article 482.
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Article 493
In the event that, with the exception of willful abandonment, one of the spouses has been absent from his or her residence for a duration of ten full years, without submitting any information as to whether or not he or she is still alive, the abandoned spouse shall be authorized, upon approval obtained from the court of justice at their communal residence, to summon the absent party by three successive public subpoenas, in the manner described in articles 467 and 468.
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Article 494
If, upon the third subpoena, neither the absent party nor his or her representative who shall provide proper proof of his existence appears, the court of justice may permit the abandoned spouse to enter into another marriage. The stipulations of article 469 are applicable hereto.
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Article 495
If, following such permission, but prior to the conclusion of another marriage, the absent party reappears, or if an individual submits proper evidence of the absent party's existence, then the permission granted shall be deemed void by law. Following the conclusion of another marriage, the absent party, for his part, shall also have the right to enter into another marriage.
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Article 496, 497, 498
Revoked: S.27-31 see also 390, 421
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