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Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 527Notice containing terms of inhibition to be published in Gazette.

Title IV

In forceOfficial text

(1) The court shall, in the decree of interdiction or incapacitation, direct that a notice thereof, specifying the terms of the inhibition, be published in the Gazette:

Provided that the court shall order that the decree be transmitted to the Archivist of Notarial Acts who shall enter a note of such interdiction or incapacitation in a book to be kept for the purpose.

(2) The registrar shall keep an official online Register of

Interdicted and Incapacitated Persons. Such register shall be continuously kept updated by the registrar. The register shall be held in electronic version and shall be accessible to the Commissioner for the Promotion of Rights of Persons with Mental Disorders and to advocates, notaries and legal procurators and to such other persons who the Minister may by regulations designate.

(3) The register shall be divided into three parts. The first part shall contain a list of interdicted persons, the second part shall contain a list of incapacitated persons and the third part shall contain a list of persons in respect of whom a certificate of lack of mental capacity has been issued in accordance with the Mental Health Act. Each part of the register shall be held in alphabetical order.

(4) The registrar shall enter in the register the name, the surname, the parents’ name, and surname at birth and after marriage of the parents, the place of birth, place of residence and a reference to a legally valid identification document number of the person interdicted or incapacitated and the date and summary of the decree of interdiction or incapacitation: Provided that from the register there shall be excluded cases:

(a) where more than eighty years have elapsed since the date of the decree;

(b) where the person would have reached the age of one hundred and ten years;

(c) where the decree has been revoked in terms of article 526; and

(d) where the person interdicted or incapacitated has died.

(5) The register shall be accessible to the public under the supervision of an officer from the court from the premises of the Court of voluntary jurisdiction.

(6) Until an electronic register in accordance with this article is established, such register may be kept in hard copy by the Registrar of the Court of voluntary jurisdiction who shall allow access to the said register during the times when the registry is open.

Amendment history
  • Amended by XXIII.2017.24