Revised Laws of Saint Lucia (2021)

CHAPTER THIRD
CURATORSHIP

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    297.   There are two sorts of curatorship, one to the person the other to property.

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    298.   The persons to whom curators are given are:—

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      (1)     Interdicted persons.

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      (2)     Children conceived but not yet born.

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      (3)     Persons judicially condemned to imprisonment for any term exceeding 6 months.

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    299.   Curators to the person are appointed with the formalities and according to the rules prescribed for the appointment of tutors. They are sworn before entering upon their duties.

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    300.   (Repealed by Act 34 of 1956)

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    301.   A curator to an interdicted person is appointed by the judgment which pronounces the interdiction.

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    302.    (Repealed by Act 34 of 1956)

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    303.   A curator to an interdicted person has over such person and his or her property the powers of the tutor over the person and property of the minor; and has towards him or her the same duties and responsibilities as the tutor towards his or her pupil. (Substituted by Act 34 of 1956)

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    304.   No one, with the exception of husband and wife, and ascendants and descendants, is obliged to retain the curatorship of an interdicted person for more than 10 years. At the expiration of that time, the curator may demand and has a right to be replaced on petition.

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    305.   The curator to a child conceived but not yet born, is bound to act for such child whenever his or her interests require it. He or she has until the child's birth the administration of the property which is to belong to the child, and afterwards he or she is bound to render an account of the administration.

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    306.   If during the curatorship the party subjected to it have any interests at variance with those of his curator, such party is given a curator ad hoc whose powers extend to these interests alone.

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    307.   Curators to property are those appointed:

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      1.     To the property of absentees;

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      2.     In cases of substitution;

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      3.     To vacant estates;

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      4.     To the property of extinct corporations;

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      5.     To property abandoned by arrested or imprisoned debtors or on account of hypothecs. (Amended by Act 34 of 1956)

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    308.   Provisions relating to curators to the property of absentees are contained in the Book respecting Absentees. Those concerning curators to the property of extinct corporations, in the Book respecting Corporations. In the Third Part and in the Code of Civil Procedure are to be found the rules relating to the appointment, powers and duties of the other curators mentioned in the preceding article.