Section 38:
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
38. Movable property may be divided in kind
(1) (a) Where it is not necessary to sell the movable property for
payment of the debts and the inventory has been completed, the parties
may, by consent, divide such property among themselves without any
further formality.
(b) (i) Where minors are concerned, the guardian must be authorised
by the Ministère Public to consent to the division.
(ii) The authority shall be given in writing at the foot of the
proecipe or other application in which the terms of the proposed division are
set out.
(2) (a) Where the majority of the parties consent to the division, the
notary may, where he considers that a division in kind of the movable
property is practicable and expedient, divide the property in kind among the
heirs.
(b) (i) Where minors are concerned, no such division shall be valid
unless the Ministère Public approves it.
(ii) The approval shall be given in writing at the foot of the
memorandum of division drawn up by the notary.
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Questions this section answers
- Can heirs of a small succession divide the movable property among themselves without formalities?
- Do minors need special approval to take part in dividing a small succession's property?