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

Cap. 12 Art. 807Continuation of suit by presumptiveheir curators.

Title III

In forceOfficial text

(1) Where no application is made by any person to continue the suit in substitution for the deceased party, it shall be or lawful for the other party, by means of an application, to demand that the suit be continued in the name of the presumptive heir or heirs of the deceased party, if known.

(2) Such application shall by order of the court, be served on the presumptive heir or heirs who shall have the time of one month within which to declare whether he or they are prepared to continue the suit.

(3) If no such declaration is made, then the court shall of its own motion proceed to appoint a curator to represent the ad litem interests of the deceased in the suit in accordance with article 809.

(4) Where no person entitled to represent the deceased is known, such application may contain only the demand for the appointment of curators to continue the suit.

(5) The curator shall take all the necessary measures to identify and locate the presumptive heir or heirs of the deceased and when the presumptive heir or heirs are identified and located the curator shall request the court to notify him or them about the pendency of the case ordering him or them to declare within a specified time whether he or they are prepared to continue the suit.

Amendment history
  • Amended by XXIV.1995.295