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23 September 2023

08 Rabee' Al-Awwal 1445

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Law No 40 of 2004 on the Guardianship over Minors Funds

Law Summary Record Type: LawNumber: 40Date: 14/12/2004 Corresponding to 03/11/1425 HijriNumber of Articles: 51Status: In force

Official Gazette :Issue: 2Offcial Journal Issue Publication Date: 15/02/2005 Corresponding to 06/01/1426 HijriPage from: 1036

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Section Name

Curation or Qawama

32 Article

Qawama shall be accorded to the major son, then to the father, then to the Authority.

33 Article

No person above the age of majority who is subject to an habitual state of madness or insanity, or is unconscious, mentally deranged or an imbecile or prodigal, shall be allowed to take charge of his own affairs or to administer his estate. The judge shall verify such person's condition by oral testimony of knowledgeable people or other legitimate means of proof. No interdiction shall be lifted without a court order.

34 Article

An interdicted imbecile or prodigal may receive his property or part thereof to manage with the approval of a judge following consultations with the Authority, in which case the provisions relating to a minor possessing discretion shall apply to such imbecile or prodigal.

35 Article

The validity or invalidity of financial dispositions made by interdicted persons shall be governed by the following rules:

Dispositions made by the insane, the unconscious or the mentally deranged shall be valid if they occurred before such persons were placed under interdiction, unless their condition was known at the time of the disposition or the other party was aware thereof.
Dispositions made by the insane, the unconscious or the mentally deranged after they were placed under interdiction shall be void.
Dispositions made by the prodigal or the imbecile before being placed under interdiction shall be valid unless they were due to exploitation or collusion.
Dispositions made by the prodigal or the imbecile after being placed under interdiction shall be deemed similar to those made by a minor possessing discretion as stipulated in Article 2 herein.

36 Article

Where an absent or missing person has no agent and is declared absent or missing for more than a year, the Authority shall be his agent to manage his property.

37 Article

1. Where an absent or missing person has a public agent, the judge shall order confirmation of the agent's appointment if he fulfills the terms and conditions applicable to a testamentary or legal guardian, otherwise the Authority shall be appointed instead.

The funds of the absent or missing person shall be listed when the agent is confirmed and shall be managed in accordance with the provisions stipulated for the management of a minor's funds.

38 Article

The state of being missing or absent shall terminate on the occurrence of either of the following events:

The return of the absent or missing person;
Confirmation of the death of the absent or missing person, or a court judgment presuming his death.

39 Article

Where a sufficient inquest has been conducted, the judge shall declare a missing person to be dead in the following events:

Where there is incontrovertible evidence of his death;
Where he has gone missing in circumstances in which he is unlikely to perish and four years have passed since he was declared missing, or he has gone missing in circumstances in which he is likely to perish and two years have passed since he was declared missing.

40 Article

The provisions of legal guardianship of a minor shall apply on curation or agency, and the curator or agent shall be bound by such provisions.