P.R. Laws tit. 31, § 786

2019-02-20
§ 786. Acts requiring authorization of court

The tutor shall require the authorization of the proper Court of First Instance:

(1) To punish the minor in accordance with the provisions of number 2 of § 601 of this title.

(2) To give the minor a specified profession or trade when this matter has not been decided by his parents, to modify the provisions made by them in this respect, and to send the said minor out of the Commonwealth of Puerto Rico for any length of time.

(3) To have an incapacitated person confined in an institution for the mentally ill.

(4) To continue the business or industry carried on by the incapacitated person or his ascendants or those of the minor.

(5) To alienate or encumber the real property which constitutes the capital of the minor or incapacitated person or to make contracts or execute acts requiring recording; also to alienate personal property, the value of which exceeds one thousand ($1,000) dollars, and to execute lease contracts for a longer period than six years; but in no case shall the contract be entered into nor the authorization granted for a period of time in excess of that required by the minor to become of age.

The limitations contained in the preceding paragraph relative to the execution of contracts for the lease of real property shall apply to the contracts for advances for agricultural purposes and grinding of cane, authorized by §§ 164-180 of Title 5.

The prohibition to alienate personal property the value of which exceeds one thousand ($1,000) dollars, without judicial authorization therefor, does not cover the alienation of the fruits yielded by a landed or agricultural property, at its last crop.

(6) To invest any balance of money remaining each year after the obligations of the tutorship have been met.

(7) To proceed to the divisions of the inheritance or any other thing possessed by the minor or other incapacitated person in common with others.

(8) To withdraw for investment any capital producing interest.

(9) To loan and borrow money.

(10) To accept without the benefit of an inventory any inheritance or to repudiate such inheritance or any donation.

(11) To incur extraordinary expenses in connection with tenements the administration of which is comprised in the tutorship.

(12) To settle and compromise by arbitration the questions in which the minor or incapacitated person may be interested.

(13) To bring suit in the name of those under tutorship and maintain all lawful appeals when they lie from judgment rendered against them.

Complaints and remedies in verbal hearings are excepted.

History —Civil Code, 1930, § 212; July 24, 1952, No. 11, p. 30; May 31, 1972, No. 56, p. 130; July 20, 1979, No. 131, p. 313.