Louisiana Civil Code

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SECTION 9 - OF THE INCAPACITY FOR, THE EXCLUSION FROM, AND DEPRIVATION OF THE TUTORSHIP

Arts. 302-306. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

 

SECTION 10 - OF THE APPOINTMENT, RECOGNITION, OR CONFIRMATION OF TUTORS, OF THE PERSONS WHOSE DUTY IT IS TO CAUSE TUTORS TO BE APPOINTED AND OF THE LIABILITY OF SUCH PERSONS

Art. 307. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 308. In every case where it is necessary to appoint a tutor to a minor, all those of his relations who reside within the parish of the judge, who is to appoint him, are bound to apply to such judge, in order that a tutor be appointed to the minor at farthest within ten days after the event which make [makes] such appointment necessary.

Art. 309. Minor relations are not included in the provisions contained in the preceding article. [Amended by Acts 1974, No. 163, §3]

Art. 310. Relations who have neglected to cause a tutor to be appointed, are responsible for the damages which the minor may have suffered.

This responsibility is enforced against relations in the order according to which they are called to the inheritance of the minor, so that they are responsible only in case of the insolvency of him or them who precede them in that order, and this responsibility is not in solidum between relations who have a right to the inheritance in the same degree.

Art. 311. The action which results from this responsibility can not be maintained by the tutor but within the year of his appointment.

If the tutor neglects to bring his action within that time, he is answerable for such neglect to the minor.

Arts. 312-321. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 322. The recording of the certificate of the clerk operates as a legal mortgage in favor of the minor for the amount therein stated, on all the immovable property of the natural tutor in the parish. [Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961]

Arts. 323-332. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 333. Whenever a special mortgage is given by a tutor to secure the rights of two or more minors, any of the minors, on attaining the age of majority or being emancipated, may cause the sale of the mortgaged property to satisfy the indebtedness of the tutor to him, after having discussed the other property of the debtor, in the following manner:

If the judge is of the opinion that the mortgaged property is sufficient to satisfy all of the demands of the major and minors, he shall order the sale of so much of the property as will satisfy the demand of the major, if susceptible of division, and the property so sold shall be free of the mortgage in favor of the remaining minors.

If the judge is of the opinion that the mortgaged property is not sufficient to meet the demands of the major and minors, or that it is not susceptible of division, he shall order the sale of the whole of the mortgaged property, and the release of the mortgage of the major and minors. The proceeds of the sale, after defraying the expenses thereof, shall be divided equally among the major and minors, giving each his virile share. The portion to be paid the minors shall be paid to their tutor.

When the judge orders the sale of the property, he shall order the inscription of the minor's legal mortgage in the manner heretofore provided. This inscription shall be made in the parish where the tutor resides within three days of the order, and in all other parishes where the tutor has immovable property within thirty days of the order. [Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961]

Arts. 334-335. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

 

SECTION 11 - OF THE ADMINISTRATION OF THE TUTOR

Art. 336. The prohibition of alienating the immovables of a minor, does not extend to the case in which a judgment is to be executed against him, or of a licitation made at the instance of the coheir, or other coproprietor. [Acts 1966, No. 496, §1]

Art. 337. [Repealed. Acts 2001, No. 572, §2]

Art. 338. The sum which appears to be due by the tutor as the balance of his accounts, bears interest, without a judicial demand, from the day on which the accounts were closed.

The same rule applies to the balance due to the tutor. [Acts 1966, No. 496, §1]

Art. 339. Every agreement which may take place between the tutor and the minor arrived at the age of majority, shall be null and void, unless the same was entered into after the rendering of a full account and delivery of the vouchers, the whole being made to appear by the receipt of the person to whom the account was rendered, ten days previous to the agreement. [Acts 1966, No. 496, §1]

Art. 340. The action of the minor against his tutor, respecting the acts of the tutorship, is prescribed by four years, to begin from the day of his majority. [Acts 1966, No. 496, §1]

Arts. 341-353. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

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