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Revised Laws of Saint Lucia (2022)

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2142. Application of Part

(1) This Part, except where otherwise expressly provided, applies to trusts including, so far as this Part applies thereto, executorships and administratorships constituted or created either before or after the commencement of this Part.

(2) The powers conferred by this Part on trustees are in addition to the powers conferred by the instrument, if any, creating the trust, but those powers, unless otherwise stated, apply if and so far only as a contrary intention is not expressed in the instrument, if any, creating the trust, and have effect subject to the terms of that instrument.

(3) The provisions of this Part do not affect the legality or validity of any thing done before the commencement of this Part, except as otherwise hereinafter expressly provided.

2142. Application of Part

INTRODUCTORY CHAPTER PROVISIONS IN RESPECT OF THE LAWS IN GENERAL

Section I Interpretation

Section II The Effect, Application and Execution of the Laws in General

PART FIRST PERSONS

CHAPTER FIRST THE ENJOYMENT OF CIVIL RIGHTS

CHAPTER SECOND THE LOSS OF CIVIL RIGHTS

CHAPTER SECOND RECORDS OF BAPTISMS OR DEDICATIONS

Section I Registration of baptisms or dedications

Section II Re-registration of births of legitimated persons

CHAPTER THIRD RECORDS OF MARRIAGES

CHAPTER FOURTH RECORDS OF BURIAL

CHAPTER FIFTH THE RECTIFICATION OF RECORDS OF CIVIL STATUS

CHAPTER SIXTH RENEWAL OF WORN OUT REGISTERS

GENERAL PROVISION

CHAPTER FIRST CURATORSHIP TO ABSENTEES

CHAPTER SECOND THE PROVISIONAL POSSESSION OF THE HEIRS OF ABSENTEES

CHAPTER THIRD THE EFFECT OF ABSENCE IN RELATION TO CONTINGENT RIGHTS WHICH MAY ACCRUE TO THE ABSENTEE

CHAPTER FOURTH THE EFFECTS OF ABSENCE IN RELATION TO MARRIAGE

CHAPTER FIFTH THE CARE OF MINOR CHILDREN OF AN ABSENTEE FATHER

CHAPTER FIRST CONDITIONS NECESSARY FOR CONTRACTING MARRIAGE

CHAPTER SECOND THE FORMALITIES TO BE OBSERVED ON THE CELEBRATION OF MARRIAGE

CHAPTER THIRD OPPOSITIONS TO MARRIAGE

CHAPTER FOURTH ACTIONS FOR ANNULLING MARRIAGE

CHAPTER FIFTH THE OBLIGATIONS ARISING FROM MARRIAGE

CHAPTER SIXTH THE RESPECTIVE RIGHTS OF HUSBAND AND WIFE

CHAPTER SEVENTH THE DISSOLUTION OF MARRIAGE

CHAPTER FIRST THE CAUSES OF SEPARATION FROM BED AND BOARD

CHAPTER SECOND THE FORMALITIES OF THE ACTION FOR SEPARATION FROM BED AND BOARD

CHAPTER THIRD THE PROVISIONAL MEASURES TO WHICH THE ACTION FOR SEPARATION FROM BED AND BOARD MAY GIVE RISE

CHAPTER FOURTH THE EFFECTS OF SEPARATION FROM BED AND BOARD

CHAPTER FIRST THE FILIATION OF CHILDREN WHO ARE LEGITIMATE OR CONCEIVED DURING MARRIAGE

CHAPTER SECOND THE EVIDENCE OF THE FILIATION OF LEGITIMATE CHILDREN

CHAPTER THIRD ILLEGITIMATE CHILDREN

CHAPTER FIRST MINORITY

CHAPTER SECOND TUTORSHIP

Section I Appointment of Tutors

Section II Incapacity for Tutorship and Exclusion and Removal from it

Section III The Administration of Tutors

Section IV The Account of Tutorship

CHAPTER THIRD MISCELLANEOUS PROVISIONS

CHAPTER FIRST MAJORITY

CHAPTER SECOND INQUISITION AS TO UNSOUNDNESS OF MIND

CHAPTER THIRD CURATORSHIP

CHAPTER FOURTH RECEIVERS

CHAPTER FIRST THE NATURE, CREATION, AND DIFFERENT KINDS OF CORPORATIONS

CHAPTER SECOND THE RIGHTS, PRIVILEGES, AND DISABILITIES OF CORPORATIONS

Section I The Rights of Corporations

Section II The Privileges of Corporations

Section III The Disabilities of Corporations

CHAPTER THIRD THE DISSOLUTION AND LIQUIDATION OF CORPORATIONS

Section I The Dissolution of Corporations

Section II The Liquidation of Dissolved Corporations

PART SECOND PROPERTY, ITS OWNERSHIP AND DIFFERENT MODIFICATIONS

CHAPTER FIRST IMMOVABLES

CHAPTER SECOND MOVABLES

CHAPTER THIRD PROPERTY IN ITS RELATIONS TO ITS OWNERS OR POSSESSORS

CHAPTER FIRST THE RIGHT OF ACCESSION IN RESPECT OF WHAT IS PRODUCED BY A THING

CHAPTER SECOND THE RIGHT OF ACCESSION IN RESPECT OF WHAT BECOMES UNITED AND INCORPORATED WITH A THING

Section I The right of accession in relation to immovable property

Section II The Right of accession in relation to movable property

CHAPTER FIRST USUFRUCT

Section I The rights of the Usufructuary

Section II The obligations of the usufructuary

Section III The Termination of Usufruct

CHAPTER SECOND USE AND HABITATION

CHAPTER FIRST SERVITUDES WHICH ARISE FROM THE SITUATION OF PROPERTY

CHAPTER SECOND SERVITUDES ESTABLISHED BY LAW

Section I Division Walls and Ditches, and Clearance

Section II The distance and the intermediate works required for certain structures

Section III View on the property of a neighbour

Section IV The eaves of roofs

Section V The Right of Way

CHAPTER THIRD SERVITUDES ESTABLISHED BY PRIVATE ACT

Section I The Different Kinds Of Servitudes Which May Be Established

Section II How Servitudes are Established

Section III The Rights Of The Proprietor Of The Land To Which The Servitude Is Due

Section IV The Extinction of Servitudes

Section I General Provisions

Section II The Rights And Obligations Of The Lessor And Of The Lessee

Section III The Termination Of Emphyteusis

PART THIRD THE ACQUISITION AND EXERCISE OF RIGHTS OF PROPERTY

CHAPTER FIRST DEVOLUTION OF SUCCESSIONS AND THE SEIZIN OF HEIRS

Section I Devolution of Successions

Section II The Seizin of Heirs

CHAPTER SECOND THE QUALITIES REQUISITE TO INHERIT

CHAPTER THIRD THE DIFFERENT ORDERS OF SUCCESSION

Section I General Provisions

Section II Representation

Section III Successions Devolving to the Surviving Spouse and Descendants

Section IV Successions Devolving to Ascendants

Section VI Other Successions

CHAPTER FOURTH ADMINISTRATION OF SUCCESSIONS

CHAPTER FIFTH PARTITION AND RETURNS

Section I The action of partition and its form

Section IA Special provisions with respect to partition actions

Section II Returns

Section III Payment of debts

Section IV The Effects of Partition and of the Warranty of Shares

Section V Rescission in Matters of Partition

CHAPTER SECOND GIFTS INTER VIVOS

Section II The form of Gifts and their Acceptance

Section III The effect of gifts

Section IV Registration as regards gifts inter vivos in particular

Section V The Revocation of gifts

Section VI Gifts by contract of marriage whether of present property or made in contemplation of death

CHAPTER THIRD WILLS

Section I The capacity to give and to receive by will

Section II The form of wills

Section III Probate and proof of wills

Section V The Revocation and Lapse of Wills and Legacies

Section VI Testamentary Executors

CHAPTER FOURTH SUBSTITUTIONS

Section I Rules concerning the Nature and Form of Substitutions

Section II The Registration of Substitutions

Section III Substitutions Before They Come into Operation

Section IV The Coming into Operation of Substitutions and the Delivery of the Property to the Substitute

Section V The Prohibition To Alienate

CHAPTER FIFTH TRUSTS

CHAPTER SIXTH CONTRACTS

Section III The Interpretation of Contracts

Section IV The Effect of Contracts

Section V The effect of contracts with regard to third persons

Section VI Avoidance of Contracts and Payments made in fraud of Creditors

CHAPTER SECOND QUASI-CONTRACTS

Section I The Quasi-contract Negotiorum Gestio

Section II The Reception of a Thing not Due

CHAPTER THIRD DELICTS AND QUASI-DELICTS

PART I STATEMENTS PRIVILEGED WITHOUT EXPLANATION OR CONTRADICTION

PART II STATEMENTS PRIVILEGED SUBJECT TO EXPLANATION OR CONTRADICTION

PART III INTERPRETATION

CHAPTER FOURTH OBLIGATIONS WHICH ARISE FROM OTHER CAUSES THAN THOSE HITHERTO SPECIFIED

CHAPTER FIFTH SUBJECT OF OBLIGATIONS

CHAPTER SIXTH EFFECT OF OBLIGATIONS

Section I General Provisions

Section II Defaults

Section III Damages for Non-Fulfilment of Obligations

CHAPTER SEVENTH DIFFERENT KINDS OF OBLIGATIONS

Section I Conditional Obligations

Section II Obligations With A Term

Section III Alternative Obligations

Section V Divisible And Indivisible Obligations

Section VI Obligations with a Penal Clause

CHAPTER EIGHTH THE EXTINCTION OF OBLIGATIONS

Section I General Provisions

Section III Novation

Section IV Release

Section V Set-off

Section VI Confusion

Section VII Impossibility of performance

CHAPTER NINTH PROOF

Section I General Provisions

Section III Oral Testimony

Section IV Presumptions

Section V Admissions

Section VI The oaths of parties

CHAPTER SECOND COMMUNITY OF PROPERTY

Section II Covenants Excluding Community

Section III Supplemental provisions as to married persons and their property

CHAPTER SECOND THE CAPACITY TO BUY OR SELL

CHAPTER THIRD THINGS WHICH MAY BE SOLD

CHAPTER FOURTH THE OBLIGATIONS OF THE SELLER

Section I General provisions

Section II Delivery

CHAPTER FIFTH THE OBLIGATIONS OF THE BUYER

CHAPTER SIXTH THE AVOIDANCE OF THE CONTRACT OF SALE

Section I The Right of Redemption

Section II The Avoidance of Sale for Cause of Lesion

Section III Retrait Lignager

CHAPTER SEVENTH SALE BY LICITATION

CHAPTER EIGHTH SALE BY AUCTION

CHAPTER NINTH THE SALE OF REGISTERED VESSELS

CHAPTER TENTH THE SALE OF DEBTS AND OTHER INCORPOREAL PROPERTY

Section I The Sale of Debts and Rights of Action

Section II The Sale of Successions

Section III The Sale Of Litigious Rights

CHAPTER ELEVENTH FORCED SALES AND TRANSFERS RESEMBLING SALE

Section I Forced Sales

Section II The Giving In Payment

Section III Alienation For Rent

CHAPTER SECOND THE LEASE OR HIRE OF THINGS

Section I General provisions

Section III The Obligations and Rights of the Lessee

Section IV Rules particular to the Lease or Hire of Houses

Section V Rules particular to the Lease and Hire of Farms and Estates

Section VI The Termination of the Lease or Hire of Things

CHAPTER THIRD THE LEASE AND HIRE OF WORK

Section I General Provisions

Section II The Lease and Hire of the Personal Service of Workmen, Servants, and others

Section III Carriers

Section IV Work by Estimate and Contract

CHAPTER FOURTH THE LEASE OF CATTLE ON SHARES

CHAPTER SECOND THE OBLIGATIONS OF THE AGENT

Section I The obligations of the Agent toward the principal

Section II The obligations of the agent toward third persons

CHAPTER THIRD THE OBLIGATIONS OF THE PRINCIPAL

Section I The obligations of the principal toward the agent

Section II The obligations of the principal toward third persons

CHAPTER FOURTH ADVOCATES, ATTORNEYS, AND NOTARIES

CHAPTER FIFTH BROKERS, FACTORS AND OTHER COMMERCIAL AGENTS

CHAPTER SIXTH THE TERMINATION OF AGENCY

CHAPTER FIRST LOAN FOR USE

Section I General provisions

Section II The obligations of the borrower

Section III The obligations of the lender

CHAPTER SECOND LOAN FOR CONSUMPTION

Section I General provisions

Section II The obligations of the lender

Section III The obligations of the borrower

CHAPTER THIRD LOAN UPON INTEREST

CHAPTER FOURTH CONSTITUTION OF RENT

CHAPTER FIRST SIMPLE DEPOSIT

Section I General provisions

Section II Voluntary deposit

Section III The obligations of the depositary

Section IV The obligations of the depositor

Section V Necessary deposit

CHAPTER SECOND SEQUESTRATION

Section I Conventional Sequestration

Section II Judicial Sequestration

CHAPTER SECOND THE EFFECTS OF THE CONTRACT

CHAPTER FIRST THE NATURE, DIVISION, AND EXTENT OF SURETYSHIP

CHAPTER SECOND THE EFFECT OF SURETYSHIP

Section I The effect of suretyship between the creditor and the surety

Section II The effect of suretyship between the debtor and the surety

Section III The effect of suretyship between co-sureties

CHAPTER THIRD THE EXTINCTION OF SURETYSHIP

CHAPTER FOURTH LEGAL AND JUDICIAL SURETYSHIP

CHAPTER FIRST THE PLEDGE OF IMMOVABLES

CHAPTER SECOND PAWNING

CHAPTER FIRST PRELIMINARY PROVISIONS

CHAPTER SECOND PRIVILEGES

Section I Privileges upon movable Property

Section II Privileges upon Immovables

Section III How Privileges upon Immovables are retained

CHAPTER THIRD HYPOTHECS

Section I General Provisions

Section IV Conventional Hypothec

Section V The Order in which Hypothecs Rank

CHAPTER FOURTH THE EFFECT OF PRIVILEGES AND HYPOTHECS WITH REGARD TO THE DEBTOR OR OTHER HOLDER OF HYPOTHECATED PROPERTY

Section I The Hypothecary Action

Section II The Effect of the Hypothecary Action

CHAPTER FIFTH THE EXTINCTION OF PRIVILEGES AND HYPOTHECS

CHAPTER THIRD THE ORDER OF PREFERENCE OF REAL RIGHTS

CHAPTER FOURTH THE MODE AND FORMALITIES OF REGISTRATION

Section I Registration At Length

CHAPTER FIFTH THE CANCELLING OF REGISTRATIONS OF REAL RIGHTS

CHAPTER SIXTH THE ORGANISATION OF THE REGISTRY OFFICE

Section II The publicity of the registers

Section III Powers of registry officials

CHAPTER SECOND POSSESSION

CHAPTER THIRD THE CAUSES WHICH HINDER PRESCRIPTION, INCLUDING PRECARIOUS POSSESSION AND SUBSTITUTIONS

CHAPTER FOURTH CERTAIN THINGS IMPRESCRIPTIBLE AND OF PRIVILEGED PRESCRIPTIONS

CHAPTER FIFTH THE CAUSES WHICH INTERRUPT OR SUSPEND PRESCRIPTION

Section I The Causes Which Interrupt Prescription

Section II The Causes Which Suspend The Course Of Prescription

CHAPTER SIXTH THE TIME REQUIRED TO PRESCRIBE

Section I General Provisions

Section II Prescription by 30 years, prescription of rents and interest, and the duration of the plea of prescription

Section III Prescription by Subsequent Purchasers

Section IV Certain Prescriptions By 10 years

Section V Certain Short Prescriptions

Section VI Transitory Provisions

PART FOURTH TRUSTEES

2141. Interpretation

CHAPTER FIRST INVESTMENTS

2143. Authorised investments

2144. Discretion of trustees

2145. Power to retain investment which has ceased to be authorised

2146. Investment in bearer securities

2147. Loans and Investments by trustees not chargeable as breaches of trust

2148. Liability for loss by reason of improper investment

2149. Powers supplementary to powers of investment

2150. Power to deposit money at bank and to pay calls

CHAPTER SECOND GENERAL POWERS OF TRUSTEES AND PERSONAL REPRESENTATIVES

2151. Power of trustees for sale to sell by auction, etc

2152. Power to sell subject to depreciatory conditions

2153. Power of trustees to give receipts

2154. Power to compound liabilities

2155. Power to raise money by sale, mortgage, etc

2156. Protection to purchases and mortgagees dealing with trustees

2157. Devolution of powers or trusts

2158. Power to insure

2159. Application of insurance money where policy kept up under any trust, power or obligation

2160. Deposit of documents for safe custody

2161. Reversionary interests, valuations, and audit

2162. Power to postpone sale

2163. Power to employ agents

2164. Power to concur with others

2165. Power to delegate trusts during absence abroad

2166. Protection against liability in respect of rents and covenants

2167. Protection by means of advertisement

2168. Protection in regard to notice

2169. Exoneration of trustees in respect of certain powers of attorney

2170. Implied indemnity of trustees

CHAPTER THIRD APPOINTMENT AND DISCHARGE OF TRUSTEES

2171. Limitation of the number of trustees

2172. Power of appointing new or additional trustees

2173. Power to appoint trustees of property belonging to persons out of Saint Lucia

2174. Supplemental provisions as to appointment of trustees

Section V Collateral Successions

2175. Evidence as to a vacancy in a trust

2176. Retirement of trustee without a new appointment

2177. Vesting of trust property in new or continuing trustees

CHAPTER FOURTH POWERS OF THE COURT

APPOINTMENT OF NEW TRUSTEES

2178. Power of Court to appoint new trustees

2179. Power to authorise remuneration

2180. Powers of new trustee appointed by the Court

2181. Vesting orders of land

2182. Orders as to contingent rights of unborn persons

2183. Vesting order consequential on order for sale or mortgage of land

2184. Vesting order consequential on judgment for specific performance, etc

2185. Effect of vesting orders

2186. Power to appoint person to convey

2187. Vesting orders as to stock and things in action

2188. Vesting orders of charity property

2189. Vesting orders in relation to minor's beneficial interests

2190. Orders made upon certain Allegations to be conclusive evidence

2191. Orders of Court to be registered

2192. Registration of vesting order made by Court in England 15 Geo. V ch. 19

JURISDICTION TO MAKE OTHER ORDERS

Section IV Legacies

2193. Power of Court to authorise dealings with trust property

2194. Persons entitled to apply for orders

2195. Power to give judgment in absence of a trustee

2196. Power to charge costs on trust property

2197. Power to relieve trustee from personal liability

2198. Power to make beneficiary indemnify for breach of trust

PAYMENT INTO COURT

2199. Payment into Court by trustees

2100. Indemnity for acts done in pursuance of this Part

2101. Rules of Court

2102. This Part binding on Crown

FINAL PROVISION

Section II Causes of Nullity in Contracts

Re-Registration of Births of Legitimated Persons Regulations – Article 41A

3. Attendance of parent

4. Making of entry where parent attends

5. Making of declaration where parent does not attend

6. Making of an entry in pursuance of declaration

7. Making of entry when particulars not verified by parent

8. Delivery of certified copy to the Registrar of Civil Status

9. Noting of previous entry

10. Certified copies of re-registered entries

Civil Code (Marriage Licence Fees) (No. 2) Order – Section 96(2A)

1. Citation and commencement

Section I The Capacity to Give and to Receive by Gift Inter Vivos

Section IV Joint And Several Obligations

CHAPTER FIRST GENERAL PROVISIONS

Section II Payment

Section II Proof by writing

Section I The Requisites for the Validity of Contracts

Section I Legal Community

Section III Warranty

Section II The obligations and rights of the lessor

Section II Legal Hypothec

CHAPTER SECOND RULES PARTICULAR TO DIFFERENT TITLES BY WHICH REAL RIGHTS ARE ACQUIRED

Section II Registration By Memorial

Section III Judicial Hypothec

Section I The Registry Office and the Registers