(758) 468-3200
Government Saint Lucia
 
 
 
Home
/
Departments
/
Legislative Drafting
/
Revised Laws of Saint Lucia
/
CIVIL CODE OF SAINT LUCIA
/
Section III   Substitutions Before They Come into Operation

Revised Laws of Saint Lucia (2021)

saint Lucia
back arrow Back to Revised Laws of Saint Lucia (2021)
back arrow Back to Table of Contents

Section III   Substitutions Before They Come into Operation

  1.  

    880.   The institute holds the property as proprietor, subject to the obligation of delivering it when his quality as institute ceases, and without prejudice to the rights of the substitute.

  1.  

    881.   If all the substitutes be not born, the institute is bound to obtain, in the manner provided as regards tutors, the judicial appointment of a curator to the substitution, to represent the substitutes yet unborn, and to attend to their interests in all inventories and partitions and other circumstances in which his or her intervention is requisite or proper.

  1.  

    The institute who neglects to fulfil this obligation may be adjudged to have forfeited in favour of the substitute the benefit of the disposition.

  1.  

    All persons who are competent to demand the appointment of a tutor to a minor of the same family may also demand the nomination of a curator to the substitution.

  1.  

    Substitutes who are born but incapable are represented as in ordinary cases.

  1.  

    882.   The institute is bound to have made at his or her own expense, within 3 months, an inventory of the property comprised in the substitution, as well as a valuation of the movable effects, unless they have already been included as such and valued likewise in a general inventory made by other persons of the property of the succession. All persons interested must either be present or have been notified to that effect.

  1.  

    In default of the institute, the substitutes, their tutors or curators, and the curator to the substitution have the right, and except the substitutes when they are the last named in the substitution, are bound to cause such inventory to be made at the expense of the institute, after notifying him or her, and all others interested, to be present.

  1.  

    So long as the institute fails to have such inventory and valuation made he or she is deprived of the fruits.

  1.  

    883.   The institute performs all the acts that are necessary for the preservation of the property.

  1.  

    He or she is liable on his or her own account for all rights, rents, charges and arrears falling due within his or her time.

  1.  

    He or she makes all payments, receives monies due and reimbursements, invests capital sums and exercises before the courts all the powers necessary for these purposes.

  1.  

    For the same purposes he makes the necessary advances for law expenses and other necessary disbursements of an extraordinary nature, the amount of which is refunded to him or her or his or her heirs, either in the whole or in part, according to what appears to be equitable.

  1.  

    If he or she has redeemed rents or paid the principal of debts due, without having been charged to do so, he or she and his or her heirs have a right to be paid back, at the same time, the monies so disbursed, without interest.

  1.  

    If such redemption or payment have been made in anticipation without sufficient reason, and would not have been demandable at the time that the substitution came into operation, the substitute need not, until the time when they would have become exigible, do more than pay the rents or interest.

  1.  

    884.   The rules concerning undivided property set forth in the Book respecting Successions, apply equally to substitutions, except that a partition is merely provisional during the continuance of the interest of the partitioners.

  1.  

    In the case of forced sale of immovables, or any other lawful alienation of the property comprised in a substitution, and in the case of redemption of rents or capital sums, the institute, or the testamentary executors authorised to administer in his or her place, are bound to invest the price, in the interest of the substitutes, with the consent of all parties interested; or upon the refusal of such parties, the investment is made under judicial authorisation, obtained after due notice to them being given.

  1.  

    885.   The obligation of delivering the property of the substitution in an undiminished state, and the nullity of all his or her acts in contravention of the obligation, do not prevent the institute from hypothecating or alienating such property, without prejudice to the rights of the substitute, who takes it free from all hypothecs, charges, or servitudes, and even from the continuation of lease, unless his or her right has been prescribed according to the rules contained in the Book respecting Prescription, or unless a third party has a right to avail himself or herself of the want of registration of the substitution.

  1.  

    886.   The institute cannot compound as to the ownership of the property in such a manner as to bind the substitute, except in cases of necessity, when the interests of the latter are concerned, and after being judicially authorised in the manner required for the sale of property belonging to minors.

  1.  

    887.   The grantor may indefinitely allow the alienation of the property of the substitution, which takes place, in such case, only when the alienation is not made.

  1.  

    888.   The final alienation of the property of a substitution may moreover be validly effected while the substitution lasts:

    1.  

      1.     By expropriation for public purposes or in virtue of some special law;

    1.  

      2.     By forced judicial sale for a debt due by the grantor or for hypothecary claims anterior to his possession; the institute however being liable to the substitute for damages, if the sale has taken place in consequence of the failure of the institute to pay a debt which he or she was bound to pay;

    1.  

      3.     With the consent of all the substitutes, when they are in the exercise of their rights. If some of them only have consented, the alienation holds goods as regards them, without prejudicing the others;

    1.  

      4.     When the substitute as heir or legatee of the institute is answerable to the purchaser for the eviction;

    1.  

      5.     As regards movable things sold in conformity with the First Section of this Chapter.

  1.  

    889.   A wife has no recourse for the securing of her dowry against the property of her husband held by him as an institute.

  1.  

    890.   If the institute deteriorate, waste, or dissipate the property, he may be compelled to give security or to allow the substitute to be put in possession of it as a sequestrator.

  1.  

    891.   The substitute may, while the substitution lasts, dispose by act inter vivos or by will, of his eventual right to the property of the substitution, subject to the contingency of its lapsing, and to its ulterior effects if it continue beyond him.

  1.  

    The substitute or his representatives may, before the substitution comes into operation, perform all acts of a conservatory nature connected with his eventual right, whether against the institute or against third persons.

  1.  

    892.   The substitute who dies before the substitution comes into operation in his favour, or whose right to it has otherwise lapsed, does not transmit such right to his heirs any more than in the case of any other unaccrued legacy, except in the case in which a right to a legacy descends to children.

  1.  

    893.   As regards the repairs which the institute is bound to make, and the reimbursements he or his heirs may claim for the improvements he has made, the same rules apply as are laid down for the emphyteutic lessee in articles 527 and 528. But the institute has an absolute right of reimbursement for improvements authorised by the Court.

  1.  

    894.   Judgments obtained by third parties against the institute cannot be impugned by the substitutes, on the ground of the substitution, if, in the same suits, they, or their tutors or curators, or the curator to the substitution, besides the executors and administrators of the will, if there were any in function, were made parties.

  1.  

    If the substitutes, or those who may be thus made parties in their place, have not been included in the suit, such judgments may be impugned, whether the institute has or has not contested the action brought against him.

  1.  

    895.   The institute may, but without prejudice to his creditors, deliver over the property in anticipation of the appointed term, unless the delay is for the benefit of the substitute.

Address

2nd Floor Francis Compton Building, 
Waterfront,
Castries, Saint Lucia

Need help?

Site Map

HomeAbout AG OfficeDepartmentsAccessibilityContact Us

Quick Links

Inland Revenue Department of Government of Saint Lucia (IRD)Government of Saint Lucia Citizenship by Investment Financial Intelligence Authority

Important Links

CARICOMOECSFSRA
 
© 2024 Attorney General's Chambers
Site by