Section 43: Homologation where not necessary
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.
43. Homologation where not necessary
(1) Where the partition is accepted by all the parties of age, but minors
are concerned, the deed of partition shall be submitted by the notary to the
Ministère Public, and, where it is approved by the Ministère Public, the
partition shall be valid and binding on the minors without further formality.
(2) Where the Ministère Public refuses to approve the deed, the more
diligent party may move the Judge for homologation of the deed of partition.
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Questions this section answers
- Is a partition binding on minors once the Ministere Public approves it, without going to a Judge?