P.R. Laws tit. 32, § 2721

2019-02-20 00:00:00+00
§ 2721. Authorization on rights and properties of minors or disabled persons

In all cases where, according to Title 31, the Civil Code, the parents or the guardian of a minor or disabled person need judicial authorization for acts or contracts related to the safeguarding of said minor or disabled person and of his/her property, an opportune petition shall be filed with the corresponding Part of the Court of First Instance setting forth under oath the following facts:

(1) The name, age, domicile, civil status and profession of the petitioner, his legal relationship with the minor or incapacitated person, and if the petitioner be the tutor, then he shall add the date of his appointment, the character of his tutorship and the affirmation that all the requirements necessary for the possession, security and faithful discharge of his duties as such tutor, have been complied with.

(2) The name, age, domicile, and civil status of the minor or incapacitated person and the names, and domiciles of his nearest akin relatives up to the fourth civil grade of consanguinity or second of affinity.

(3) Cause of the petition.

(4) The necessity or utility for the minor or incapacitated person of the act petitioned for.

(5) The minimum price to be set in all cases of sale of real and personal property, where the value thereof exceeds the amounts specified in §§ 616 and 786(5) of the Title 31. When the court determines that the property shall be sold at a public auction, it shall indicate the price that shall serve as the minimum rate for the bid.

(6) If the authorization be for the constitution of a lien or encumbrance on real property, the nature and conditions of encumbrance shall be stated.

(7) The specific conditions of the contract in the case of exchange of real property or of the lease thereof, for a longer term than six (6) years.

(8) The name of the party acquiring the right to be conveyed, except in the case of alienation through public sale.

(9) The placing or investment to be made of the thing obtained by the minor or incapacitated person through the act or contract referred to in the authorization.

History —Code Civil Proc., 1933, § 614; Sept. 13, 1996, No. 224, § 1.