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cap_16 preamble—civilcode MT

Art. 752 — CIVIL CODE

Laws of Malta — Chapter 16 — CIVIL CODE
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Art. 752 · CIVIL CODE

(1) It shall be lawful for any one of the spouses, the other

ascendants, the uncle or aunt, brother or sister, to substitute a third

party in the place of a minor in the event of the latter dying without

issue, before attaining the age of eighteen years, but only with

regard to the property in which such minor shall have been

instituted heir or appointed legatee.

(2) It shall also be lawful for any of the said persons to

substitute a third party in the place of any person with a mental

disorder or other condition, which renders him incapable of

managing his own affairs or insane person, in regard to such

property only as they shall have devised to him, in the event of his

dying with the mental disorder or other condition, whilst still

incapable of managing his own affairs, or in a state of insanity,

without issue.

(3) Any substitution referred to in this article, if made by any one of

the parents or any other ascendant by whom a share of the reserved

portion is due to the heir-institute or legatee, may only include such

portion of the property as the minor, on attaining majority, or the insane

person, or person with a mental disorder or other condition, if of sound

mind at the time of his death, could dispose of.

← Art. 751 Substitutio vulgaris. CIVIL CODE Art. 753 Substitution of several persons in the place of one, or vice versa. →

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