Table of Contents
CHAPTER II - OF THE CURATORSHIP OF MINORS
Art. 78. When the minors are arrived at the age of puberty, that is, at the full age of fourteen years for males, or at the full age of twelve years for females, they pass from under the authority of a tutor to that of a curator.
Art. 79. There are two kinds of curators for minors above the age of puberty:
The curator ad bona (of property);
And the curator ad litem (for the suits).
Art. 80. The curator ad bona administers the estate of the minor, takes care of his person and assists him in all his contracts;
The curator ad litem assists the minor in the courts of justice; and acts as curator ad bona in cases where the interests of that curator are opposed to the interests of the minor.
Art. 81. The curator ad bona differs from the tutor in no respect except the following:
1. The tutor is appointed principally to the person of the minor, and secondarily, to his estate; and the curator ad bona is appointed principally to the estate of the minor, and secondarily, only to his person;
2. The tutor is appointed to the minor, whether he be willing or not; but the curator ad bona cannot be appointed to the minor, against his will, the judge being bound to appoint the person mentioned to him by the minor, if such person has in every other respect, the necessary qualifications;
3. Tutorship is natural, testamentary, legal or dative; curatorship on the contrary, is simply dative;
4. The tutor stipulates in every contract in the name of the minor and without his presence and appears for the minor in every case, when his own interest is not in opposition of that of the minor; whilst the curator ad bona only assists the minor in every contract in which he is concerned, and does not appear for him in courts of justice, this being the particular duty of the curator ad litem.
Art. 82. With the exception of the differences mentioned in the preceding articles, the obligations, powers, rights and duties of the curator ad bona are the same as those of the tutor, and the rules which have been established in the chapter which treats of the tutorship, apply likewise to the curator ad bona in every respect.
Art. 83. Although minors who have arrived at the age of puberty, have a right to point out to the judge, the person whom they wish to be appointed their curator ad bona, nevertheless when they have once made their choice, or when they have accepted the curator who has been appointed over them, they are bound to keep him until their majority or emancipation, unless they have a lawful reason to cause him to be removed.
Art. 84. The curator ad litem as well as the curator ad bona is appointed by the judge who is bound to appoint the person mentioned to him by the minor, if such person has in every other respect, the necessary qualifications.
Art. 85. The curator ad litem may be appointed generally for all the concerns of the minor or specially for some particular case.
In both cases the curator ad litem is bound only to take such an oath as that of an under tutor, but by no means to give security.
The duties of a curator ad litem specially appointed are at an end when the business for which he has been appointed is terminated. But the curator ad litem appointed generally cannot be removed but by some just cause; and his functions last as well as those of the curator ad bona until the time of the majority or emancipation of the minor.
Art. 86. The minor who has arrived at the age of puberty and who is not emancipated, cannot appear in a court of justice, without the assistance of a curator ad litem, and if he shall have none, it is the duty of the judge to appoint one for him in order that the proceedings may be regular.
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