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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iii/chapter-33/283/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART III - Marriage (§§ 221 — 301)›Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287)›§ 283 - Duties of spouses—Domicile
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287) › § 283 - Duties of spouses—Domicile
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The spouses shall decide by mutual agreement where to establish their domicile and residence for the attainment of the best interest of the family.
History —Civil Code, 1930, § 90; June 2, 1976, No. 111, p. 311.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iii/chapter-33/284/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART III - Marriage (§§ 221 — 301)›Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287)›§ 284 - Administrator of community property; alienation of property
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287) › § 284 - Administrator of community property; alienation of property
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Both spouses shall be administrators of the community property, except when otherwise stipulated, in which case one of the spouses shall grant a mandate to the other to act as administrator of the community property.
Purchases made by either of the spouses out of said property shall be valid when they comprise things or articles for personal or family use in accordance with the social and economic standing of the family. Provided, that either of the spouses may make said purchases in cash or on credit.
The real property of the conjugal community may not be alienated or encumbered, under penalty of nullity, except with the written consent of both spouses. Nothing above provided shall be construed as to limit the liberty of the future spouses to execute articles of marriage.
History —Civil Code, 1930, § 91; May 21, 1976, No. 51, p. 134, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iii/chapter-33/285/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART III - Marriage (§§ 221 — 301)›Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287)›§ 285 - Separate estates
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287) › § 285 - Separate estates
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The husband and wife shall have the right to manage and freely dispose of their respective separate estates.
History —Civil Code, 1930, § 92.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iii/chapter-33/286/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART III - Marriage (§§ 221 — 301)›Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287)›§ 286 - Representative of conjugal community
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287) › § 286 - Representative of conjugal community
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Save as provided in § 284 of this title, either of the spouses may legally represent the conjugal community. Any unilateral administration act of one of the spouses shall bind the community property and shall be presumed valid to all legal effects.
History —Civil Code, 1930, § 93; May 21, 1976, No. 51, p. 134, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iii/chapter-35/301/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART III - Marriage (§§ 221 — 301)›Chapter 35 - Dissolution of Marriage (§ 301)›§ 301 - How dissolution effected
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 35 - Dissolution of Marriage (§ 301) › § 301 - How dissolution effected
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Marriage is dissolved in the following cases:
(1) By the death of the husband or wife.
(2) By divorce legally obtained.
(3) If the marriage be declared null.
History —Civil Code, 1930, § 95.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-39/321/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 39 - Causes for Divorce (§ 321)›§ 321 - Causes for divorce
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 39 - Causes for Divorce (§ 321) › § 321 - Causes for divorce
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The causes for divorce are:
(1) Adultery on the part of either of the parties to the marriage.
(2) Punishment by imprisonment of one of the spouses for a felony, except when said spouse receives the benefit of a suspended sentence.
(3) Habitual drunkenness or the continued and excessive use of opium, morphine, or any other narcotic.
(4) Cruel treatment or grave injury.
(5) Abandonment of the wife by the husband or of the husband by the wife, for a longer period of time than one year.
(6) Absolute, perpetual, and incurable impotency occurred [occurring] after marriage.
(7) Attempt of the husband or wife to corrupt their sons or to prostitute their daughters and connivance in their corruption or prostitution.
(8) Proposal of the husband to prostitute his wife.
(9) Separation of both spouses for an uninterrupted period of more than two (2) years. After the separation for the expressed period of time of more than two (2) years has been satisfactorily proven, neither of the spouses shall be considered to be guilty nor innocent when the judgment is rendered.
(10) Incurable insanity of either of the parties to the marriage, supervening after the marriage, for a period of more than seven (7) years, when it seriously prevents the spouses living together spiritually, if such insanity is satisfactorily established at the trial by the opinion of two (2) medical experts; Provided, That in such cases the court shall appoint legal counsel to represent the insane spouse at the trial. The plaintiff spouse shall be under obligation to protect and to satisfy the needs of the insane spouse in proportion to his or her condition and fortune, as long as it is necessary for his or her support; Provided, further, That this obligation shall in no case be less than two-fifths (₢) of the gross income which the plaintiff spouse may have from salaries, wages, or any other receipts.
(11) A statement of mutual consent between the spouses for the dissolution of the marriage, filed jointly by ex-parte petition.
(12) A statement of irreconcilable differences which have caused the irretrievable breakdown of the marriage, filed individually.
History —Civil Code, 1930, § 96; May 9, 1933, No. 46, p. 304; Mar. 29, 1937, No. 11, p. 132; May 6, 1938, No. 78, p. 191; Apr. 29, 1942, No. 62, p. 582; Apr. 2, 1971, No. 11, p. 19; May 30, 1976, No. 93, p. 275; June 2, 1976, No. 101, p. 299; July 26, 1979, No. 183, p. 504; Aug. 22, 1990, No. 49, p. 201; Dec. 8, 1990, No. 25, § 2; Aug. 18, 2011, No. 192, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-41/331/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 41 - Procedure in Action for Divorce (§ 331)›§ 331 - Procedure
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 41 - Procedure in Action for Divorce (§ 331) › § 331 - Procedure
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A divorce can be granted only in an action instituted in the ordinary manner, and by judgment rendered therein by the Court of First Instance. In no case shall a divorce be granted on any of the grounds provided in subsections (1) through (10) of § 321 of this title, when the grounds upon which it is sought is the consequence of an agreement or understanding between the husband and wife.
No person can secure a divorce under this Code who has not been a resident of the Commonwealth for one full year immediately preceding the action, unless the grounds on which the suit is based on have been committed in Puerto Rico, or while one of the parties to the marriage resided here.
Where the action of divorce is based on “cruel treatment or grave injury” or on “abandonment of the wife by the husband or of the husband by the wife, for a longer period of time than one year” and there are minor children had in the marriage sought to be dissolved by said divorce action, it shall be the duty of the court, before fixing a date for the holding of the trial, to subpoena the parties, if they are Puerto Rico residents, for a preliminary hearing or act of conciliation, over which the judge of the court shall preside in his/her chambers and the trial shall be held within the ten (10) days following the aforementioned summons; provided, that if in the act of conciliation, either of the spouses shows his/her firm and irrevocable purpose not to resume marital relations, the presiding judge shall order the clerk to include the case in the special calendar.
History —Civil Code, 1930, § 97; May 7, 1942, No. 118, p. 698; Aug. 18, 2011, No. 192, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-43/341/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345)›§ 341 - Temporary custody of children
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 341 - Temporary custody of children
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If there are children procreated in the marriage whose temporary custody is claimed by both spouses, the court shall summon the parties to the divorce suit under penalty of contempt, for an urgent hearing, and shall hear such testimonial and documentary evidence they may present. When evaluating the case, the court shall consider temporary joint custody, provided that it adjusts to the best interests of the minor. Otherwise, the court shall make the decision it deems proper based on the evidence presented and subject to the aforementioned standard while the divorce suit is tried and decreed. In addition to the above, the court may adopt any measure needed to award custody for the wellbeing of the children.
History —Civil Code, 1930, § 98; July 24, 1998, No. 170, § 1; Nov. 21, 2011, No. 223, § 11.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-43/342/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345)›§ 342 - Residence
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 342 - Residence
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If the spouse suing for divorce has left, or has declared his or her intention of leaving, the conjugal domicile, the Court of First Instance shall designate a dwelling to reside in until termination of the trial.
History —Civil Code, 1930, § 99; May 30, 1976, No. 84, p. 260, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-43/343/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345)›§ 343 - Payment of alimony
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 343 - Payment of alimony
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Should one of the spouses lack sufficient means to support him or herself during the divorce proceedings, the Court of First Instance shall order the other spouse to provide alimony in proportion to his or her means according to the social position of the family, or in those cases whereby the conjugal partnership lacks sufficient property or the spouses have entered into a prenuptial agreement.
Should the conjugal partnership have property, the Court of First Instance may order, at the request of either spouse, acknowledgment of the right of the claimant spouse to co-administer all or part of the community property or to have access to a particular piece of community property or to a liquid sum that will allow said spouse to support him/herself, or both, or to alimony, without this constituting a credit or a debt chargeable to the respective shares in the community property at the time of the liquidation.
Regarding the preceding case, the claimant spouse shall not have to prove need even during the divorce proceedings, except when claiming access to a monthly liquid sum equal to more than half of the total monthly income or liquid assets of the conjugal partnership.
History —Civil Code, 1930, § 100; July 24, 1952, No. 11, p. 30; May 30, 1976, No. 84, p. 260, § 1; Jan. 14, 1999, No. 46, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-43/343a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345)›§ 343a - Suspension or modification without just cause of health care plans; prohibitions
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 343a - Suspension or modification without just cause of health care plans; prohibitions
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It is hereby prohibited for any person who is undergoing a divorce process to suspend or modify, without just cause, health care plans or insurance for the children born during marriage and his/her spouse, if these plans had existed and were in effect during the marriage. Said prohibition shall take effect as of the time the divorce is filed with the court and shall end when divorce becomes final and biding, unless the court provides otherwise. If such insurance was suspended six (6) months before grounds for divorce arise and the divorce papers are filed, the person responsible for said plan or insurance shall show just cause for the suspension thereof.
History —Civil Code, 1930, added as § 100A on July 27, 2011, No. 151, No. § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-43/344/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345)›§ 344 - Debts contracted after complaint is brought
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 344 - Debts contracted after complaint is brought
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From the day the proceeding of dissolution begins no debt contracted or transaction made by either of the spouses, chargeable to the community property, shall be valid without authorization of the Court.
History —Civil Code, 1930, § 101; May 30, 1976, No. 84, p. 260, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-43/345/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345)›§ 345 - Decisions not appealable; amendment
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 345 - Decisions not appealable; amendment
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No appeal shall lie from the decisions of the Court of First Instance under §§ 341-345 of this title, and they shall be amended by the said court when the circumstances of the case require it.
History —Civil Code, 1930, § 102.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-45/361/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 45 - Extinction of the Action for Divorce (§§ 361 — 362)›§ 361 - Reconciliation
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 45 - Extinction of the Action for Divorce (§§ 361 — 362) › § 361 - Reconciliation
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An action for divorce shall be lost upon the reconciliation of the parties, whether said reconciliation occurs after the act which might have been the cause for the divorce, or after the action has been brought.
History —Civil Code, 1930, § 103.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-45/362/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 45 - Extinction of the Action for Divorce (§§ 361 — 362)›§ 362 - Rights of plaintiff in new suit
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 45 - Extinction of the Action for Divorce (§§ 361 — 362) › § 362 - Rights of plaintiff in new suit
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In case of reconciliation the plaintiff cannot continue exercising the rights which he may have, but is at liberty to file a new suit for causes that have occurred after the reconciliation, and in such case may allege the former causes to corroborate the new action.
History —Civil Code, 1930, § 104.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-47/381/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 47 - Effects of Divorce (§§ 381 — 385a)›§ 381 - Dissolution of marriage and division of property
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 47 - Effects of Divorce (§§ 381 — 385a) › § 381 - Dissolution of marriage and division of property
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A divorce carries with it a complete dissolution of all matrimonial ties, and the division of all property and effects between the parties to the marriage.
History —Civil Code, 1930, § 105.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-47/383/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 47 - Effects of Divorce (§§ 381 — 385a)›§ 383 - Care of minor children after divorce
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 47 - Effects of Divorce (§§ 381 — 385a) › § 383 - Care of minor children after divorce
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In all cases of divorce the minor children shall be placed under the care and patria potestas of the spouse whom the court, in the exercise of its sound discretion, considers best fitted to serve the best interest and welfare of the minor; but the other spouse shall have the right to continue family relations with his or her children, in such manner and extent as the court may determine upon decreeing the divorce, considering the case at issue.
In all cases of custody and patria potestas, the history of the prior domestic violence conduct of the parents shall be considered to determine the best interests of the child. In this sense, it shall be evaluated as to whether the person has already been a beneficiary of the diversion program established in § 636 of Title 8, and if convicted of any of the following crimes of abuse (§ 631 of Title 8); aggravated abuse (§ 632 of Title 8); abuse by threat (§ 633 of Title 8); abuse through the deprivation of liberty (§ 634 of Title 8) and sexual conjugal aggression (§ 635 of Title 8) part of the law known as the “Domestic Violence, Prevention and Intervention Act”. It shall be at the discretion of the court to hear the testimony of the minor when determining custody or patria potestas.
The spouse who has been deprived of the custody and patria potestas shall have the right to recover them if he or she proves before any competent Part of the Court of First Instance the death of the other ex-spouse or shows to the satisfaction of the court that the said recovery of the custody and patria potestas is convenient to the best interest and welfare of the minor.
History —Civil Code, 1930, § 107; Apr. 18, 1935, No. 44, p. 250; Mar. 21, 1947, No. 3, p. 4; Apr. 25, 1950, No. 112, p. 288; June 2, 1976, No. 100, p. 297; Aug. 13, 1999, No. 233, § 1, eff. 60 days after Aug. 13, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-47/384/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 47 - Effects of Divorce (§§ 381 — 385a)›§ 384 - Rights of children
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 47 - Effects of Divorce (§§ 381 — 385a) › § 384 - Rights of children
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The divorce of the parents will not deprive the children born during the marriage of the rights and privileges which, according to law, belong to them, by reason of the marriage of their parents; but such rights shall not be claimed except in the form and under the circumstances in which such claims would have been made if a divorce had not taken place.
History —Civil Code, 1930, § 108.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-47/385/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 47 - Effects of Divorce (§§ 381 — 385a)›§ 385 - Alimony
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 47 - Effects of Divorce (§§ 381 — 385a) › § 385 - Alimony
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If any of the spouses does not have sufficient means for subsistence once the divorce is decreed on any of the grounds established in § 321 of this title, the Court of First Instance may assign alimony, [at] its discretion, from the income, earnings, salary or property of the other spouse.
The court may grant said alimony, taking into account any of the following circumstances, among others:
(a) The agreements reached by the former spouses.
(b) Age and state of health.
(c) Professional qualifications and likelihood of access to employment.
(d) Past and future commitment to the family.
(e) Participation with regard to work in the commercial, industrial or professional activities of the other spouse.
(f) Duration of marriage and marital cohabitation.
(g) Financial wealth and means and the needs of each of the spouses.
(h) Any other factor deemed appropriate within the circumstances of the case.
Once the alimony is fixed, the judge may modify the same on the grounds of substantial changes in the situation, income and wealth of one or the other spouse. Alimony shall be revoked through judicial decision if it becomes unnecessary, or if the divorced spouse entitled to such alimony contracts a new marriage or lives in public concubinage.
History —Civil Code, 1930, § 109; May 5, 1948, No. 90, p. 202; Feb. 16, 1995, No. 25.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-iv/chapter-47/385a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IV - Divorce (§§ 321 — 385a)›Chapter 47 - Effects of Divorce (§§ 381 — 385a)›§ 385a - Possession of home by custodial parent after divorce
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 47 - Effects of Divorce (§§ 381 — 385a) › § 385a - Possession of home by custodial parent after divorce
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(a) The spouse to whom custody is granted as a result of a divorce of the minor children of the married couple, or the physically or mentally disabled children, whether of legal age or minors or who are dependents as students until the age of twenty-five (25), shall have the right to claim the dwelling which constituted the home of the married couple and which is held as community property claim as a homestead, during the minority of the children, during their studies or because of the disability of the children who remained in his/her custody due to a divorce.
The community property which constitutes the homestead shall not be subject to partition while any of the conditions by virtue of which the former was granted exists. Provided, That the right to a homestead may be claimed from the moment it is needed, and may be claimed in the divorce suit, during the process thereof, or after the same has been decreed. Once claimed, the judge shall determine what, in fairness, is proper according to the special circumstances of each situation.
The spouse who claims the right to a homestead may retain all those goods regularly used in the home.
When the right to a homestead is claimed after the divorce has been decreed, the same may be granted by the Court that heard the divorce case.
History —Civil Code, 1930, added as § 109-A on Dec. 26, 1997, No. 184, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-v/chapter-51/411/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART V - Nullity of Marriage (§§ 411 — 412a)›Chapter 51 - Improperly Contracted Marriage (§§ 411 — 412a)›§ 411 - When marriage void
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART V - Nullity of Marriage (§§ 411 — 412a) › Chapter 51 - Improperly Contracted Marriage (§§ 411 — 412a) › § 411 - When marriage void
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When a marriage has not been contracted according to the requirements of this title, the same is null and void.
History —Civil Code, 1930, § 110.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-v/chapter-51/412/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART V - Nullity of Marriage (§§ 411 — 412a)›Chapter 51 - Improperly Contracted Marriage (§§ 411 — 412a)›§ 412 - Right to bring action for annulment
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART V - Nullity of Marriage (§§ 411 — 412a) › Chapter 51 - Improperly Contracted Marriage (§§ 411 — 412a) › § 412 - Right to bring action for annulment
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The right to an action for a declaration of nullity of a marriage belongs to the parties to the marriage, to the public attorney, and to such other persons as may have an interest in the annulment of the same.
In case of violence or intimidation, the action of nullity can only be exercised by the innocent party.
History —Civil Code, 1930, § 111.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-v/chapter-51/412a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART V - Nullity of Marriage (§§ 411 — 412a)›Chapter 51 - Improperly Contracted Marriage (§§ 411 — 412a)›§ 412a - Civil effects of annulled marriage
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART V - Nullity of Marriage (§§ 411 — 412a) › Chapter 51 - Improperly Contracted Marriage (§§ 411 — 412a) › § 412a - Civil effects of annulled marriage
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A marriage contracted in good faith produces civil effects even when it is declared null and void.
If there has been good faith on the part of one of the spouses it only provides civil effects with regard to that spouse and the children.
Good faith is presumed, if there is no evidence to the contrary.
If there has been bad faith on the part of both spouses, the marriage will only provide civil effects with regard to the children.
History —Civil Code, 1930, added as § 111-A on June 3, 1983, No. 72, p. 154.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-57/441/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 57 - Children Generally (§§ 441 — 442)›§ 441 - Equality of rights of children
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 57 - Children Generally (§§ 441 — 442) › § 441 - Equality of rights of children
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All children have, with respect to their parents and to the estate left by the latter, the same rights that correspond to legitimate children.
History —Aug. 20, 1952, No. 17, p. 200, § 1, retroactive to June 25, 1952.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-57/442/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 57 - Children Generally (§§ 441 — 442)›§ 442 - Status of children
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 57 - Children Generally (§§ 441 — 442) › § 442 - Status of children
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Children are legitimate, illegitimate, or legitimized.
Legitimate children are those born in wedlock.
Illegitimate children are those born out of wedlock.
Illegitimate children may be legitimized by the subsequent marriage of their parents.
History —Civil Code, 1930, § 112.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-59/461/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 59 - Legitimate Children (§§ 461 — 466)›§ 461 - Presumption of paternity and maternity
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 461 - Presumption of paternity and maternity
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A man is presumed to be the father when he and the mother of the children are married to each other and the children are born during the marriage, and when the children are born within three hundred days (300) after the marriage is terminated.
Voluntary acknowledgment creates a presumption of paternity in favor of the recognizer.
Child delivery determines maternity.
History —Civil Code, 1930, § 113; Dec. 29, 2009, No. 215, § 1, eff. 30 days after Dec. 29, 2009.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-59/462/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 59 - Legitimate Children (§§ 461 — 466)›§ 462 - Persons entitled to challenge paternity
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 462 - Persons entitled to challenge paternity
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The following persons are entitled to challenge the presumption of paternity:
(1) The presumed father;
(2) the biological father;
(3) the mother, and
(4) the child, pro se or through his/her legal representative.
History —Civil Code, 1930, § 114; Dec. 29, 2009, No. 215, § 2, eff. 30 days after Dec. 29. 2009.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-59/463/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 59 - Legitimate Children (§§ 461 — 466)›§ 463 - Persons entitled to challenge maternity
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 463 - Persons entitled to challenge maternity
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The presumption of maternity may be challenged, be it due to a simulated delivery or due to an inadvertent switch of the child during or after childbirth. The following persons are entitled to challenge the presumption of maternity:
(1) The presumed mother.
(2) The biological mother.
(3) The child, pro se or through his/her legal representative.
(4) The presumed father.
History —Civil Code, 1930, § 115; Dec. 29, 2009, No. 215, § 3, eff. 30 days after Dec. 29. 2009.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-59/464/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 59 - Legitimate Children (§§ 461 — 466)›§ 464 - Challenge by heirs
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 464 - Challenge by heirs
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The heirs of any person entitled to challenge the presumption of paternity or maternity may only challenge the legitimacy of the child in the following instances:
(1) If the person entitled to challenge has died before the expiration of the period fixed for initiating his/her action in court.
(2) If he/she shall have died after filing his/her action without having desisted from it.
(3) If the child was born after the death of the husband.
History —Civil Code, 1930, § 116; Dec. 29, 2009, No. 215, § 4, eff. 30 days after Dec. 29. 2009.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-59/465/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 59 - Legitimate Children (§§ 461 — 466)›§ 465 - When to file action to challenge
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 465 - When to file action to challenge
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The action to challenge the presumption of paternity or maternity by the legal father or mother shall be filed within a prescriptive term of six months from the date that he/she learns of the inaccuracy of the filiation or from the date of approval of this act, whichever is later. However, the legal father or mother shall not have cause of action to challenge the presumption when, even after being aware of the inaccuracy of the filiation by means of paternity test conducted by a laboratory, voluntarily agrees to register the birth of the minor in the Vital Statistics Register. This term shall neither apply in cases of adoption.
The action to challenge the presumption of paternity or maternity by the biological father or mother, as well as by the legal mother, shall be filed within a prescriptive term of one year counted from the date the birth of the child is registered in the Vital Statistics Registry.
When the action to challenge involves a child that has not reached legal age, the court shall safeguard the priority interest of the state to protect children over the interest of the presumed father or the presumed mother to conform legal reality to biological reality.
History —Civil Code, 1930, § 117; Dec. 29, 2009, No. 215, § 5, eff. 30 days after Dec. 29. 2009; Dec. 16, 2011, No. 245, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-59/466/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 59 - Legitimate Children (§§ 461 — 466)›§ 466 - Rights of legitimate children
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 466 - Rights of legitimate children
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Legitimate children have the right:
(1) To bear the family name of the father and the mother.
(2) To be supported.
(3) To the legitimate inheritance.
History —Civil Code, 1930, § 118.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-61/481/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 61 - Legitimatized Children (§§ 481 — 486)›§ 481 - Children who May be legitimated
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 481 - Children who May be legitimated
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All children had out of wedlock may be legitimated.
History —Civil Code, 1930, § 119; May 13, 1947, No. 354, p. 682.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-61/482/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 61 - Legitimatized Children (§§ 481 — 486)›§ 482 - Legitimation by marriage of parents
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 482 - Legitimation by marriage of parents
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The legitimation of children had out of wedlock shall be accomplished by the subsequent reciprocal marriage of the parents; Provided, That there shall be considered as legitimated children, all children had out of wedlock prior to the approval of this Act, whose parents have married each other after the birth of said children.
History —Civil Code, 1930, § 120; May 13, 1947, No. 354, p. 682.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-61/483/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 61 - Legitimatized Children (§§ 481 — 486)›§ 483 - Rights of legitimatized children
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 483 - Rights of legitimatized children
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Legitimatized children shall enjoy the same rights as the legitimate children.
History —Civil Code, 1930, § 121.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-61/484/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 61 - Legitimatized Children (§§ 481 — 486)›§ 484 - Effective date of legitimation
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 484 - Effective date of legitimation
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The legitimation shall become effective from and after the date of the wedlock of the parents.
History —Civil Code, 1930, § 122.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-61/485/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 61 - Legitimatized Children (§§ 481 — 486)›§ 485 - Children dying prior to legitimation
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 485 - Children dying prior to legitimation
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The legitimation of children dying prior to the wedlock of the parents shall benefit their descendants.
History —Civil Code, 1930, § 123.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-61/486/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 61 - Legitimatized Children (§§ 481 — 486)›§ 486 - Dispute of legitimation by third parties
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 486 - Dispute of legitimation by third parties
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The legitimation may be disputed by persons considering their rights impaired, when the legitimation be granted in favor of person not having the lawful condition of natural children, or when the requirements prescribed in §§ 481-486 of this title have not been met.
History —Civil Code, 1930, § 124.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-63/501/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 63 - Illegitimate Children (§§ 501 — 509-514)›§ 501 - Natural children—Born after 1942
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 501 - Natural children—Born after 1942
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All children born out of wedlock subsequent to the date this Act takes effect, shall be natural children, whether or not the parents could have married at the moment when such children were conceived. These children will be legitimized by the subsequent marriage of the parents, to each other.
History —May 12, 1942, No. 229, p. 1296, § 1, eff. 90 days after May 12, 1942.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-63/502/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 63 - Illegitimate Children (§§ 501 — 509-514)›§ 502 - Natural children—Born prior to 1942; recognition
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 502 - Natural children—Born prior to 1942; recognition
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Children born out of wedlock prior to the date this Act takes effect, and who lack the qualifications of natural children according to previous legislation, may be recognized for all legal purposes by the voluntary action of their parents, and in their default, by that of the persons having the right to inherit therefrom. These children will be legitimized by the subsequent marriage of the parents, to each other.
In the event that the children to whom this section refers were not recognized by the voluntary action of their parents or by those with a right to their inheritance, said children shall be considered natural children only for purpose of using the surname of said parents. The legal action for said recognition shall be carried out in accordance with the procedure established in this title for recognition of natural children notwithstanding fact that said recognition shall only be for the purposes herein expressed.
History —May 12, 1942, No. 229, p. 1296, § 2; May 12, 1945, No. 243, p. 814, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-63/503/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 63 - Illegitimate Children (§§ 501 — 509-514)›§ 503 - Natural children—Proof of recognition
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 503 - Natural children—Proof of recognition
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In no criminal or civil action against the father or mother who recognized a child who lacked the qualifications of a natural child, according to previous legislation, may the fact of such recognition be introduced as evidence, except in the case of an action filed by the child to claim his rights as such.
History —May 12, 1942, No. 229, p. 1296, § 3, eff. 90 days after May 12, 1942.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-63/504/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 63 - Illegitimate Children (§§ 501 — 509-514)›§ 504 - Recognition of natural child
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 504 - Recognition of natural child
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Natural children are those born out of wedlock, from parents who, at the moment when such children were conceived or were born, could have intermarried with or without dispensation.
The natural child may be recognized by the father and mother conjointly or by one of them only either in the record of birth or in the testament or in any other public instrument.
The father is obliged to recognize the natural child:
(1) When there exists an indubitable statement in writing of this father wherein he expressly acknowledges his paternity.
(2) When the child has uninterruptedly enjoyed the condition as of a natural child of the defendant father justified by acts of the same father or of his family.
(3) When the mother was known to have lived in concubinage with the father, both during her pregnancy and at the time of the birth of the child.
(4) When the child may present any authentic evidence of paternity.
The mother shall likewise be obliged to recognize a natural child in the same cases as the father, and further where the act of the confinement and the identity of the child are fully established.
The child, if of age, cannot be recognized without his consent.
When the recognition of the minor is not made at the time of recording the birth or in the testament, the approval of the judge of the part of the Court of First Instance where the child resides, with the concurrence of the fiscal, shall be necessary.
History —Civil Code, 1930, § 125.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-63/505/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 63 - Illegitimate Children (§§ 501 — 509-514)›§ 505 - Limitation of action for recognition
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 505 - Limitation of action for recognition
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The action for the recognition of natural children, can only be established during the life of the presumptive parents, and a year beyond their death except in the following instances:
(1) If the father or the mother shall have died during the minority of the child, in which case, the child may bring his action before the first four years of his having attained his majority, shall have elapsed.
(2) If after the death of the father or mother there shall appear a written statement or document, of which no notice was previously had, wherein the child is expressly recognized.
In this case the action shall be established within the next six months after the document has been discovered.
The recognition of a child not having the qualifications provided for in paragraph first of § 504 of this title can be disputed by whomsoever may be affected thereby.
History —Civil Code, 1930, § 126.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-63/506/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 63 - Illegitimate Children (§§ 501 — 509-514)›§ 506 - Rights of recognized natural child
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 506 - Rights of recognized natural child
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A recognized natural child has the right:
(1) To use the surname of the parent making the recognition.
(2) To be supported by the same.
(3) To receive the hereditary portion determined in this title.
History —Civil Code, 1930, § 127.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-63/507/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 63 - Illegitimate Children (§§ 501 — 509-514)›§ 507 - Right of illegitimate children to support
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 507 - Right of illegitimate children to support
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The illegitimate children lacking the lawful qualification of natural children are only entitled to such support from their parents, as is prescribed in § 562 of this title.
History —Civil Code, 1930, § 128.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-63/508/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 63 - Illegitimate Children (§§ 501 — 509-514)›§ 508 - Right of illegitimate children to support—When enforceable
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 508 - Right of illegitimate children to support—When enforceable
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The right to the support mentioned in the preceding section can only be exercised:
(1) Where the paternity or maternity is inferred from a final judgment rendered in a criminal or civil action.
(2) Where the paternity or maternity is shown by an indubitable document from the father or mother wherein the filiation is expressly recognized.
History —Civil Code, 1930, § 129.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-65/531/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 65 - Adoption (§§ 531 — 539)›§ 531 - Qualifications of the adopter
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 531 - Qualifications of the adopter
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The adopter shall meet the following requirements as of the date the petition of adoption has been filed:
(1) Have resided uninterruptedly in Puerto Rico for at least six (6) months prior to the date on which the petition for adoption is filed.
(2) Be of legal age, except in the case in which two persons united by marriage adopt jointly, in which case it shall be sufficient for one of them to be of legal age, allowing for the other adopter to be a minor, but never being less than eighteen (18) years of age.
(3) Have legal capacity to act.
In those cases in which a spouse wishes to adopt the child of the other spouse, it shall be sufficient that upon the date the petition for adoption is filed, the adopter has been married to the father or mother of the adoptee for at least two (2) years, or that the adopting spouse is at least fourteen (14) years older than the minor adoptee.
History —Civil Code, 1930, added as § 130 on Jan. 19, 1995, No. 8, § 1; Dec. 16, 2011, No. 247, § 10.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-65/532/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 65 - Adoption (§§ 531 — 539)›§ 532 - Who may not adopt
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 532 - Who may not adopt
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(1) Persons declared incompetent by judicial decree shall not be able to adopt for the duration of the incompetence. In the case of a person sentenced to a term of imprisonment, that person shall not be able to adopt for the duration thereof.
History —Civil Code, 1930, added as § 131 on Jan. 19, 1995, No. 8, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-65/533/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 65 - Adoption (§§ 531 — 539)›§ 533 - Who may and who may not be adopted
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 533 - Who may and who may not be adopted
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(1) Non-emancipated minors and minors emancipated by judicial decree or with the consent of the father, mother or parents with patria potestas, may be adopted.
(2) Who may not be adopted.— Those persons who have reached legal age as of the date an adoption decree is granted, even though they are minors at the time the petition for adoption is filed, may not be adopted. However, an unmarried emancipated minor or a person of legal age may be adopted, provided it is under one of the following circumstances:
(a) When the adopter has resided in the home of the adopters prior to having attained the age of eighteen (18) and said situation has continued to the date the petition for adoption is filed.
(b) When the adoptee is an emancipated minor who has never been married.
(3) Presently or formerly married persons, even though they may be minors.
(4) An ascendant of the adopter with a relationship of consanguinity or affinity.
(5) A guardian by his ward.
(6) A ward by his guardian, until the final and binding approval by judicial decree of the general and final guardianship account.
An adoption decreed in contravention of the provisions of this section shall be null and void.
History —Civil Code, 1930, added as § 132 on Jan. 19, 1995, No. 8, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-65/534/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 65 - Adoption (§§ 531 — 539)›§ 534 - Number of adopters, joint adoption or individual adoption in the case of marriage
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 534 - Number of adopters, joint adoption or individual adoption in the case of marriage
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No one may be adopted by more than one person, except when the adopters are married to each other, in which case they shall adopt jointly.
A spouse may adopt individually in any of the following cases:
(1) When wishing to adopt the minor child of the other spouse.
(2) When separated from his/her spouse for at least two (2) months prior to the date the petition is filed, in which case the other spouse shall be notified of the petition.
The subsequent reconciliation of the married couple shall not impair the right of the petitioner to adopt individually, except when, by mutual agreement, the married couple may adopt jointly if the court so decrees, always giving prime consideration to the welfare and comfort of the adoptee.
(3) When the legal capacity of the spouse of the adopter has been restricted by judicial decree, and for the duration of said restriction, in which case, the other spouse shall be notified of the petition.
The court shall have discretion to resolve situations such as those provided in this section, always using as a guide its decision, the welfare and convenience of the minor.
History —Civil Code, 1930, added as § 133 on Jan. 19, 1995, No. 8, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-65/535/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 65 - Adoption (§§ 531 — 539)›§ 535 - Persons called upon to consent to adoption
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 535 - Persons called upon to consent to adoption
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The following persons shall give consent to adoption before the court:
(1) The adopter or adopters.
(2) The adoptee over ten (10) years of age.
(3) The father, mother or parents of the adoptee who, at the moment of the adoption, possesses his/her patria potestas, as well as the father or mother who due to a divorce decree does not possess the patria potestas of a minor. Said consent shall not be required in the following cases:
(a) When both or either parent have been deprived of patria potestas according to the provisions of §§ 632—634c of this title, and pursuant to any other legal provisions in effect that apply to these cases.
(b) When the adoptee is a minor emancipated by judicial decree or granted by the father, mother or parents with patria potestas; and when the adoptee is duly qualified for adoption.
(c) When the father, mother or parents called upon to consent are disqualified by judicial decree, or when their whereabouts are unknown or they are declared absent from the jurisdiction of Puerto Rico.
(4) The father or mother who, on the date the petition is filed, has acknowledged the minor to be adopted as his/her child.
(5) The Secretary of the Department of the Family, when a non-emancipated minor to be adopted is under his/her guardianship and care and whose father, mother or parents have been deprived of patria potestas.
(6) The special or legal guardian designated for the purpose of consenting to the adoption.
(7) The parents who are minors, but over eighteen (18) years of age, who are married to each other on the date the adoption petition is filed.
(8) The biological grandparents when the biological parents are non-emancipated minors. In their absence, the court shall appoint a public defender for the biological parents.
History —Civil Code, 1930, added as § 134 on Jan. 19, 1995, No. 8, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-65/536/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 65 - Adoption (§§ 531 — 539)›§ 536 - Power to recommend adoption of non-emancipated minors under State care
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 536 - Power to recommend adoption of non-emancipated minors under State care
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The Secretary of the Department of the Family may initiate the adoption process of a minor under his/her guardianship on behalf of an adopter, when he/she deems it convenient in the best interests and welfare of the minor, provided the parents or guardians of the aforesaid have renounced patria potestas or guardianship, or when the court has deprived them of patria potestas or guardianship for any of the grounds established in this Code.
History —Civil Code, 1930, added as § 135 on Jan. 19, 1995, No. 8, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-65/537/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 65 - Adoption (§§ 531 — 539)›§ 537 - Number of adoptees
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 537 - Number of adoptees
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The adopter or adopters may adopt one or more minors, simultaneously or successively, provided they meet the requirements established by law and it is done for the welfare and comfort of the adoptee.
History —Civil Code, 1930, added as § 136 on Jan. 19, 1995, No. 8, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-65/538/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 65 - Adoption (§§ 531 — 539)›§ 538 - Effects and consequences of a final and binding adoption decree
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 538 - Effects and consequences of a final and binding adoption decree
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Once the adoption has been decreed, the adoptee shall be deemed for all legal purposes as the child of the adopter, with all the rights, duties and obligations corresponding to it, by law. Adoption by final and binding decree shall extinguish any legal nexus between the adoptee and his/her former biological or adoptive family.
The adoptee shall retain all rights acquired prior to the date of issue of the adoption decree under his/her former ties as member of his/her former family. The determination of filiation of the adoptee which occurs subsequent to the adoption decree shall not affect the adoption already in effect, nor the adoptee and his/her adopting family.
History —Civil Code, 1930, added as § 137 on Jan. 19, 1995, No. 8, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vi/chapter-65/539/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VI - Paternity and Filiation (§§ 441 — 539)›Chapter 65 - Adoption (§§ 531 — 539)›§ 539 - Continuity of nexus with former family
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 539 - Continuity of nexus with former family
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The provisions of § 538 of this title notwithstanding, the legal nexus of the adoptee with his/her former paternal or maternal family shall continue when the adoptee is the child of the spouse of the adopter, even though the father or mother may have died by the date on which the adoption petition is filed, or when the adoptee is the issue of a single filiation and is adopted by a person of a different sex than that of the parent who has acknowledged him/her as his/her child.
The rupture and extinction of the legal nexus of the adoptee with his/her former family, and the birth of such a nexus with the family of the adopter shall be understood to be without prejudice of the regulations on legal impediments and prohibitions to contract marriage in Puerto Rico. An adoptee shall not marry a relative of his former family that he/she would not have been able to marry if the adoption had not taken place.
The criminal liability of the adoptee regarding crimes against the family and civil status with regard to his/her former biological family, shall continue being the same as provided in the body of laws in effect, as though the adoption had not been decreed, should it be proven that the adoptee was cognizant of his/her kinship with the victim of incest.
The adoptee shall acquire the family names of the adopter or the adopting couple, except when otherwise determined by the court for just cause.
History —Civil Code, 1930, added as § 138 on Jan. 19, 1995, No. 8, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vii/chapter-71/561/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VII - Support of Relations (§§ 561 — 570)›Chapter 71 - Rights and Duties to Support (§§ 561 — 570)›§ 561 - Support defined
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 561 - Support defined
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Support is understood to be all that is indispensable for maintenance, housing, clothing and medical attention, according to the social position of the family.
Support also includes the education and instruction of the person supported when he is a minor.
History —Civil Code, 1930, § 142.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vii/chapter-71/562/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VII - Support of Relations (§§ 561 — 570)›Chapter 71 - Rights and Duties to Support (§§ 561 — 570)›§ 562 - Persons obliged to support each other
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 562 - Persons obliged to support each other
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The following are obliged to support each other within the full meaning of the preceding section:
(1) Husband and wife.
(2) Legitimate ascendants and descendants.
(3) The adopter and the person adopted and their descendants.
Brothers and sisters also owe their legitimate brothers and sisters, even when only on the mother’s or the father’s side, the aid necessary to maintain their existence, when, through a physical or mental defect or for any other cause not the fault of the person requiring support, the said person cannot provide for himself. With such support are included the expenses necessary for the elementary education and teaching of a profession, art or trade.
History —Civil Code, 1930, § 143; May 14, 1947, No. 449, p. 948; Sept. 11, 1979, No. 5, p. 958, § 1, eff. Sept. 11, 1979.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vii/chapter-71/563/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VII - Support of Relations (§§ 561 — 570)›Chapter 71 - Rights and Duties to Support (§§ 561 — 570)›§ 563 - Priority of claims for support
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 563 - Priority of claims for support
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A claim for support, when proper and when there are two or more persons who are bound to give it, shall be made in the following order:
(1) To the husband or wife.
(2) To the nearest descendants.
(3) To the nearest ascendants.
(4) To brothers or sisters.
Among descendants and ascendants the gradation shall follow the order in which they are to inherit the legitime of the person having the right to be supported.
History —Civil Code, 1930, § 144.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vii/chapter-71/564/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VII - Support of Relations (§§ 561 — 570)›Chapter 71 - Rights and Duties to Support (§§ 561 — 570)›§ 564 - Support by or for two or more persons
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 564 - Support by or for two or more persons
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When the obligation to support devolves upon two or more persons, the amount that each shall pay shall be proportioned to his respective estate.
Nevertheless, in cases of urgent necessity and under special circumstances, the judge may order one of them to provisionally provide such support, and he shall have the right to reclaim from the others their corresponding part of the amount.
When two or more persons claim support at the same time of a person lawfully obliged to give it, and the latter have not sufficient fortune to attend to the needs of all, the order established in the preceding section shall be observed, unless the persons requiring support be the husband or wife and a child subject to patria potestas, in which case such husband or wife shall be preferred to the child if they be the mother or father of such child, and if not, the support shall be divided equally between them.
History —Civil Code, 1930, § 145.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vii/chapter-71/565/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VII - Support of Relations (§§ 561 — 570)›Chapter 71 - Rights and Duties to Support (§§ 561 — 570)›§ 565 - Amount of support
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 565 - Amount of support
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The amount provided for support shall be proportioned to the resources of the person giving such support and to the necessities of the party receiving it, and shall be reduced or increased in proportion to the resources of the former and the necessities of the latter.
History —Civil Code, 1902, § 216.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vii/chapter-71/566/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VII - Support of Relations (§§ 561 — 570)›Chapter 71 - Rights and Duties to Support (§§ 561 — 570)›§ 566 - Beginning of obligation; time of payment
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 566 - Beginning of obligation; time of payment
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The obligation to provide child support shall be [required] from the time the person who has the right to receive it needs the same in order to survive, but it shall not be paid except from the date the claim is filed.
Payment is verified for months in advance, and when the recipient of child support dies his/her heirs shall not be obligated to reimburse what the aforesaid has received in advance.
Child support payments shall begin to accrue legal interest for delinquency from the moment sentence is pronounced or, if from month to month, from the time the obligation became due or should have been met.
History —Civil Code, 1930, § 147; Dec. 17, 1993, No. 131, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vii/chapter-71/567/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VII - Support of Relations (§§ 561 — 570)›Chapter 71 - Rights and Duties to Support (§§ 561 — 570)›§ 567 - Form of support
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 567 - Form of support
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The person obliged to render support may, if he so elects, either pay the amount required to be paid, or receive and maintain in his own dwelling the person having a right to such support.
The option granted to the supporter to receive and keep the one supported in his own home may be refused by him by virtue of legal, moral or social reasons or for any reasonable cause that justifies the refusal of the offer.
History —Civil Code, 1930, § 148; Sept. 11, 1979, No. 5, p. 958, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vii/chapter-71/568/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VII - Support of Relations (§§ 561 — 570)›Chapter 71 - Rights and Duties to Support (§§ 561 — 570)›§ 568 - End of obligation; waiver, transfer, or set off
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 568 - End of obligation; waiver, transfer, or set off
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The obligation to give support ceases with the death of the person obliged to give it, even when given in fulfilment of a final judgment.
The right to receive support cannot be relinquished or transmitted to a third party. Neither shall such support be set off against any amount owing by the recipient to the person obliged to give it.
History —Civil Code, 1930, § 149.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vii/chapter-71/569/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VII - Support of Relations (§§ 561 — 570)›Chapter 71 - Rights and Duties to Support (§§ 561 — 570)›§ 569 - Other causes ending obligation
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 569 - Other causes ending obligation
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The obligation to give support shall also cease:
(1) With the death of the recipient.
(2) When the fortune of the person obliged to give it shall have been reduced so that he cannot do so without disregarding his own needs and those of his family.
(3) When the recipient is capable of working at a trade, profession or industry, or has obtained employment or bettered his fortune, so that he does not stand in need of the amount given for support.
(4) When the recipient, whether or not a forced heir, shall have committed any of the offenses which may be a cause for disinheritance.
(5) When the recipient is a descendant of the person obliged to give support and the necessity therefor arises from wrong conduct or lack of application to work, during the time such cause exists.
History —Civil Code, 1930, § 150.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-vii/chapter-71/570/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VII - Support of Relations (§§ 561 — 570)›Chapter 71 - Rights and Duties to Support (§§ 561 — 570)›§ 570 - Application of provisions to other cases
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 570 - Application of provisions to other cases
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The preceding provisions are applicable to other cases in which by this code, by will or by compact, a right to support may arise, excepting what is stipulated, ordered by the testator or provided by law for the special case under consideration.
History —Civil Code, 1930, § 151.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-75/591/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 75 - General Provisions (§§ 591 — 591a)›§ 591 - Patria potestas over children
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 75 - General Provisions (§§ 591 — 591a) › § 591 - Patria potestas over children
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The patria potestas over unemancipated children belongs to both parents, jointly, and in case of emergency may be exercised solely by the parent having the guardianship of the minor at the time of such emergency.
Every public or private hospital shall accept the consent of either one of the parents with patria potestas over their unemancipated children in case of emergency medical treatment and surgery recommended by an authorized physician. The Secretary of Health shall establish the administrative procedures needed to comply with such provisions.
The patria potestas shall belong to only one of the parents when:
(1) the other has died, is absent or is legally incapacitated;
(2) only one has recognized or adopted the child.
History —Civil Code, 1930, § 152; June 2, 1976, No. 99, p. 295; May 27, 1980, No. 1, p. 865.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-75/591a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 75 - General Provisions (§§ 591 — 591a)›§ 591a - Rights of Grandparents, Uncles, and Aunts
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 75 - General Provisions (§§ 591 — 591a) › § 591a - Rights of Grandparents, Uncles, and Aunts
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After the dissolution of the family unit, when a parent dies, or as a result of a divorce, separation, or annulment of the marriage, parents or guardians with legal and physical custody of a non-emancipated minor shall not, without just cause, prevent the latter from maintaining a relationship with his/her grandparents, aunts, or uncles.
In the case of a non-emancipated minor born out of wedlock, neither the father, the mother, nor the guardian holding the legal or physical custody of said minor, shall prevent the latter, without just cause, from maintaining a relationship with his/her grandparents, uncles, or aunts.
In case there is opposition from the father, mother, or guardian holding the legal or physical custody of a non-emancipated minor, the standing of grandparents, uncles, or aunts to appear before the judge who shall decide on the matter taking into account the special circumstances of each case and the interests and wellbeing of the minor is hereby recognized.
History —Civil Code, 1930, added as § 152A on Dec. 22, 1997, No. 182, § 1; § 1; Jan. 18, 2012, No. 32, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-77/601/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 77 - Effects of Patria Potestad on Children (§ 601)›§ 601 - Duties and powers of parents
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 77 - Effects of Patria Potestad on Children (§ 601) › § 601 - Duties and powers of parents
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The father and the mother have, with respect to their children not emancipated:
(1) The duty of supporting them, keeping them in their company, educating and instructing them in accordance with their means, and representing them in the exercise of all actions which may redound to the benefit of such children.
(2) The power to correct and punish them moderately.
History —Civil Code, 1930, § 153.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-79/611/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619)›§ 611 - Administration of property
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 611 - Administration of property
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In the absence of a judicial decree to the effect, the administration of the property of children under patria potestas belongs jointly to both parents or to the one who has the minor under his or her guardianship and potestas.
History —Civil Code, 1930, § 154; June 2, 1976, No. 99, p. 295.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-79/612/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619)›§ 612 - Property acquired by labor of child or for valuable consideration
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 612 - Property acquired by labor of child or for valuable consideration
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Property acquired by an unemancipated child by labor of industry, or for any valuable consideration, belongs to the said child, but the usufruct thereof belongs to the parents having potestas over him whilst he lives in their company; but if the child, with the consent of his parents, lives independently, he shall be deemed emancipated for all effects as regards the said property, and he shall be the full owner and have the usufruct and administration thereof.
History —Civil Code, 1930, § 155.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-79/613/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619)›§ 613 - Property acquired with capital of parents
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 613 - Property acquired with capital of parents
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Whatever property the child may acquire with the capital of each of his parents belongs in property and usufruct to both parents jointly, or to whoever has the patria potestas and custody of the minor. But if the parents, or any one of them, assigns to the child the whole or part of his gains, the same shall not be charged against his inheritance.
History —Civil Code, 1930, § 156; July 21, 1977, No. 10, p. 560.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-79/614/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619)›§ 614 - Property donated or willed for education
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 614 - Property donated or willed for education
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Property or income donated or bequeathed for the education and instruction expenses of an unemancipated child shall belong to him in property and usufruct, but both parents jointly, or the parent who exercises the patria potestas and custody of the child shall have the administration thereof, unless it is otherwise provided in the donation or legacy, in which case the will of the donors shall be strictly followed.
History —Civil Code, 1930, § 157; July 21, 1977, No. 10, p. 560.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-79/615/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619)›§ 615 - Obligations of parents
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 615 - Obligations of parents
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The parents, as regards the property of a child in which they possess the usufruct or administration, have the same obligations as any other usufructuary or administrator, as well as the special obligations on legal mortgage established in the Mortgage Law.
An inventory shall be made, with the intervention of the prosecuting attorney, of the property of children of which the parents have only the administration; and, on petition of the said public attorney, the Court of First Instance may decree that the securities belonging to the child be placed in deposit.
History —Civil Code, 1930, § 158.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-79/616/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619)›§ 616 - Alienation or encumbrance of property prohibited
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 616 - Alienation or encumbrance of property prohibited
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The exercise of the patria potestas does not authorize either of the parents to alienate or lay any encumbrance upon real property of any kind, or personal property belonging to the child, the value of which exceeds two thousand (2,000) dollars, and is under the administration of both, or either, of the parents, without the previous authorization of the Court of First Instance wherein the property is located, after the necessity and utility of the alienation or encumbrance is verified, and according to the provisions of the law regarding special legal provisions.
Notwithstanding the provisions of the preceding paragraph, no judicial authorization shall be required for the sale of produce from a rustic farm’s last crop.
For the execution of real property-lease contracts of over six years, including those for advances for agricultural purposes and grinding of cane, authorized by §§ 164-180 of Title 5, the authorization provided for in the preceding paragraph shall also be required; but in no case shall the lease or contract be entered into, nor the authorization for the lease be granted, for a period of time in excess of that required for the child, not otherwise disabled, to become of age.
History —Civil Code, 1930, § 159; May 31, 1972, No. 58, p. 132; July 21, 1977, No. 10, p. 560, eff. July 21, 1977.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-79/617/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619)›§ 617 - Appointment of person to defend interests
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 617 - Appointment of person to defend interests
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Whenever both parents or any one of them have interests opposed to those of their unemancipated children in any matter, the Court of First Instance shall appoint a defender for the latter, who shall represent them in or out of Court.
The Court of First Instance shall appoint as defender, on petition of either parent, the minor himself, the prosecuting attorney, or any other person capable of appearing in a suit, the minor’s relative, who would act as his legal tutor in a proper case, and in his absence, to another relative or any other person.
History —Civil Code, 1903, § 160; July 21, 1977, No. 10, p. 560.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-79/618/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619)›§ 618 - Acknowledged or adopted children
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 618 - Acknowledged or adopted children
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Parents acknowledging or adopting children do not acquire the usufruct of the property of such acknowledged or adoptive children, nor shall they have the administration thereof, unless they give bond as security for the results of such administration, to the satisfaction of the part of the Court of First Instance of the domicil of the minor, or of the persons who must concur in said adoption.
History —Civil Code, 1930, § 161.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-79/619/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619)›§ 619 - Usufruct in case of divorce
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 619 - Usufruct in case of divorce
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In case of divorce, the usufruct of the property of unemancipated children shall belong, in accordance with the provisions of the preceding sections, to the parent having the minor under his potestas and guardianship.
History —Civil Code, 1930, § 162; June 2, 1976, No. 99, p. 295.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-81/631/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c)›§ 631 - Termination of patria potestas
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 631 - Termination of patria potestas
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Patria potestas ends:
1. With the death of the parents or of the child.
2. Through emancipation of the child.
3. By adoption of the child by another.
History —Civil Code, 1930, § 163.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-81/632/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c)›§ 632 - Dissolution of marriage
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 632 - Dissolution of marriage
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After the marriage has been dissolved for whatever cause, the father or mother who voluntarily abandons the children for a period of more than six months shall lose the patria potestas: The court may mediate before the expiration of said term when special circumstances concur that so warrant. In order to decree the loss of patria potestas, there shall be brought a declaratory action before the part of the Court of First Instance of the place where the minor or minors reside, upon prior complaint made by the ex-spouse, the prosecutor or any of the persons called upon to exercise the legal tutorship, and provided the Court, after hearing the proper evidence, deems it convenient for the benefit of the minor or minors; Provided, That the father or mother, if any, already deprived of the patria potestas, may also request that the corresponding tutor be appointed.
History —Civil Code, 1930, § 164; May 15, 1931, No. 95, p. 576; Mar. 30, 1939, No. 14, p. 322; June 2, 1976, No. 99, p. 295.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-81/633/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c)›§ 633 - Suspension of patria potestas
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 633 - Suspension of patria potestas
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The patria potestas is suspended for incapacity or absence judicially declared.
History —Civil Code, 1930, § 165; June 2, 1976, No. 99, p. 295.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-81/634/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c)›§ 634 - Termination or suspension by court for misconduct
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 634 - Termination or suspension by court for misconduct
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Patria potestas entails the obligation of fulfilling it responsibly, as a good head of the family, pursuant to § 601 of this title and any special laws that apply, and to look after the welfare and the best interests of the minor.
When patria potestas is [disallowed], suspended or restricted, the court may also [disallow] the parent in question, or both parents, of the administration and usufruct of the child’s property; it shall appoint a guardian, if necessary, and adopt all measures it may deem convenient for the protection of the minor.
History —Civil Code, 1930, added as § 166 on Jan. 19, 1995, No. 8, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-81/634a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c)›§ 634a - Grounds on which a person is deprived, restricted or suspended from exercising patria potes...
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 634a - Grounds on which a person is deprived, restricted or suspended from exercising patria potestas
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The grounds, be it by commission or omission, for which a person may be deprived restricted or suspended of the patria potestas of a son or daughter are the following:
(1) To cause or put the minor at substantial risk of suffering predictable harm or injury of his/her physical, mental, emotional and moral health.
(2) To permit or tolerate another person to incur the above first grounds [sic].
(3) To fail to comply with the duties or exercise the powers provided in § 601(1) of this title. These duties include, but are not limited to the duty of having the minor in his/her company according to law, of supervising his/her education and development, of adequately providing sustenance, clothing, shelter, education or health care, according to his/her wealth or with the means provided by the Commonwealth or any natural or juridical person. Health care includes any treatment or preventive measure required to attend to or prevent any condition involving the physical, mental or emotional health of the minor. No person may be deprived of patria potestas for the legitimate practice of their religious beliefs. However, when due to the above, the person fails to provide the minor with specifically prescribed health care, the court shall provide the adequate remedies to attend to the health of the minor, and in appropriate cases, shall deprive the person of his/her de jure or de facto guardianship, or even of patria potestas as may be best for the minor’s health.
(4) To fail in his/her duty to supervise and care for the minor under the de jure or de facto guardianship of another person:
(a) If having the capacity and the means to do so, he/she has not assumed the care and the guardianship of the minor in his/her own home.
(b) If he/she has failed to provide a reasonable amount for the support of the minor according to his/her financial means.
(c) If he/she has failed to visit the minor or regularly maintained contact or communication with the minor or with his/her de jure or de facto guardian.
The mere fact of being confined to a penal or health institution, or of residing outside of Puerto Rico, situations which limit the physical access and the communication of a father or mother, shall not constitute as such, a violation of the provisions stated herein; without prejudice of the provisions of subsections (3) and (6) of this section.
(5) To incur the unjustified voluntary abandonment of the minor, requiring the intervention of a Commonwealth or municipal agency or the court, or any other person, because he/she has failed to comply with his/her obligations as a father or mother. Abandonment shall be presumed to occur when the minor is found under circumstances which make it impossible to ascertain the identity of his/her parents or when knowing their identity, their whereabouts are unknown in spite of the steps taken to locate them, and said parents fail to claim the minor within thirty (30) days after the minor has been found.
(6) To exploit the minor by forcing him/her to commit any act with the purpose of obtaining a profit or any other benefit.
(7) To fail to comply with the service plan to return a minor to his/her home, effectively offered and provided by the Commonwealth agency in charge of the protection of minors, or by another person designated by said agency, for the parents of minors whom the Commonwealth has had to deprive of their de jure or de facto guardianship. To deprive a person of patria potestas under this paragraph, the court shall determine that the conditions which led to the separation of the minor from the home of his/her parents still exist, or that similar conditions exist which represent a grave risk to the welfare of the minor.
(8) To incur conduct which, if criminally prosecuted, would constitute any of crimes listed below:
(a) Murder, manslaughter or involuntary manslaughter and attempt thereof, §§ 4001—4005 of Title 33.
(i) Child abuse, §§ 436a and 436b of Title 8.
(b) Crimes against the life and physical integrity, §§ 4008, 4009 and 4031—4034 of Title 33.
(c) Rape, §§ 4061 and 4062 of Title 33.
(d) Sodomy, § 4065 of Title 33.
(e) Lewd acts, § 4067 of Title 33.
(f) Indecent exposure, § 4068 of Title 33.
(g) Prostitution of a son or daughter, whether biological or adopted, §§ 4072 and 4073 of Title 33.
(h) Obscene behavior as prohibited in § 4077 of Title 33.
(i) Non-compliance of the obligation to provide child support, § 4241 of Title 33.
(j) Abandonment of a child, § 4242 of Title 33.
(k) Sexual perversion of minors, § 4246 of Title 33; public begging, § 4247 of Title 33.
(l) Abuse (§ 631 of Title 8); aggravated abuse (§ 632 of Title 8); abuse by threat (§ 633 of Title 8); abuse by restriction of liberty (§ 634 of Title 8) and conjugal sexual assault (§ 635 of Title 8) part of the law known as the “Domestic Violence Prevention and Intervention Act”.
For the purposes of this section the words “material,” “distribute,” “knowingly,” “obscene acts,” and “sexual behavior” shall have the meaning established in § 4074 of Title 33.
No determination of a court under this subsection shall affect a subsequent criminal procedure for the same acts.
(9) Have been convicted of any of the crimes listed in subsection (8) of this section.
History —Civil Code, 1930, added as § 166A on Jan. 19, 1995, No. 8, § 2; July 24, 1997, No. 43, § 6; Feb. 13, 1998, No. 41, § 1; Aug. 13, 1999, No. 233, § 2, eff. 60 days after Aug. 13, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-81/634b/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c)›§ 634b - Deprivation of patria potestas due to mental or emotional disease or condition
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 634b - Deprivation of patria potestas due to mental or emotional disease or condition
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The court shall deprive a father or a mother of patria potestas, at the request of a party, or motu proprio, if either the father or the mother, as the case may be, suffers a disease or a mental or emotional defect or condition, or alcoholism, or addiction to controlled substances, or if they display conduct which makes them incapable of, or prevents them from providing supervision, and physical, mental and emotional care to the minor; except when it is positively shown that the above conditions can be attended to within a reasonably short period of time. In order to determine what a reasonable period of time is, the court shall take into consideration the condition involved, the age of the minor and of the father and the mother, and the circumstances, as a whole, that prevail in the home to which the shall return, should the father or the mother not be deprived of patria potestas.
History —Civil Code, 1930, added as § 166B on Jan. 19, 1995, No. 8, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-viii/chapter-81/634c/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART VIII - Patria Potestad (§§ 591 — 634c)›Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c)›§ 634c - Deprivation of patria potestas by court
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 634c - Deprivation of patria potestas by court
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The court shall deprive any person of de jure or de facto guardianship for any of the grounds or circumstances stated in § 634a and 634b of this title.
History —Civil Code, 1930, added as § 166C on Jan. 19, 1995, No. 8, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-85/661/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 85 - General Provisions (§§ 661 — 667)›§ 661 - Object of tutorship
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 661 - Object of tutorship
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The object of tutorship is the custody of the person and property, or of only the property, of such persons who, not subject to patria potestas, are incapable of governing themselves.
History —Civil Code, 1930, § 167.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-85/662/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 85 - General Provisions (§§ 661 — 667)›§ 662 - Persons subject to guardianship
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 662 - Persons subject to guardianship
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The following are subject to guardianship:
(1) Minors not lawfully emancipated.
(2) Demented or insane persons, although they may have lucid moments, and deaf-mutes who cannot understand or communicate effectively by any means.
(3) Prodigals or habitual drunkards declared [as] such by final judgment.
(4) [Repealed. Act Jan. 10, 1998, No. 17, eff. Jan. 10, 1998.]
(5) Those who, upon firm and final judgment, have been declared drug addicts.
History —Civil Code, 1930, § 168; Dec. 14, 1994, No. 140, § 2; Jan. 10, 1998, No. 17, § 2; Jan. 11, 1998, No. 29, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-85/663/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 85 - General Provisions (§§ 661 — 667)›§ 663 - Single tutor
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 663 - Single tutor
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Tutorship shall be exercised by a single tutor.
History —Civil Code, 1930, § 169.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-85/664/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 85 - General Provisions (§§ 661 — 667)›§ 664 - Renunciation of office
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 664 - Renunciation of office
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The office of tutor cannot be renounced unless for a lawful cause duly shown.
History —Civil Code, 1930, § 170.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-85/665/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 85 - General Provisions (§§ 661 — 667)›§ 665 - Care of person and property by attorneys or district attorneys
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 665 - Care of person and property by attorneys or district attorneys
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The attorney of the Family Relations Court or the District Attorney in districts where there is no Family Relations Court, of the place in which persons subject to tutorship reside, shall provide for the care of such persons and their personal property until a tutor shall be appointed, when there are no other persons lawfully under such obligation.
History —Civil Code, 1930, § 171; July 20, 1979, No. 132, p. 314, eff. July 20, 1979.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-85/666/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 85 - General Provisions (§§ 661 — 667)›§ 666 - How tutorship conferred
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 666 - How tutorship conferred
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Tutorship is conferred:
(1) By will.
(2) By the law.
(3) By a competent court.
History —Civil Code, 1930, § 172.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-85/667/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 85 - General Provisions (§§ 661 — 667)›§ 667 - Registry of tutorships
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 667 - Registry of tutorships
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The tutor shall not enter upon his duties without his appointment having been recorded in the registry of tutorships.
History —Civil Code, 1930, § 173.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-87/681/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 87 - Testamentary Tutorships (§§ 681 — 684a)›§ 681 - Appointment—Will of parents
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 87 - Testamentary Tutorships (§§ 681 — 684a) › § 681 - Appointment—Will of parents
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The father or the mother may appoint a tutor in their will for their minor children and those of legal age who are incapacitated, provided they are not under the authority of another person.
History —Civil Code, 1930, § 174; June 3, 1983, No. 71, p. 152, § 1,.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-87/682/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 87 - Testamentary Tutorships (§§ 681 — 684a)›§ 682 - Appointment—Person leaving inheritance or legacy
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 87 - Testamentary Tutorships (§§ 681 — 684a) › § 682 - Appointment—Person leaving inheritance or legacy
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Any person leaving an inheritance or legacy of importance to minors or incapacitated persons may appoint a tutor for the administration of such property. Such appointment shall not hold, however, until the inheritance or legacy shall have been accepted by the father, the mother, or the tutor of the minor, with the approval of the proper part of the Court of First Instance.
History —Civil Code, 1930, § 175.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-87/683/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 87 - Testamentary Tutorships (§§ 681 — 684a)›§ 683 - Appointment—Surviving father or mother
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 87 - Testamentary Tutorships (§§ 681 — 684a) › § 683 - Appointment—Surviving father or mother
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The surviving father or mother may appoint a tutor for each one of their children, and they may appoint various persons in order that they may substitute each other. In case of doubt, a single tutor shall be deemed to have been appointed, and the first of those named in the appointment shall be entrusted with the tutorship.
History —Civil Code, 1930, § 176.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-87/684/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 87 - Testamentary Tutorships (§§ 681 — 684a)›§ 684 - Several tutors for same person
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 87 - Testamentary Tutorships (§§ 681 — 684a) › § 684 - Several tutors for same person
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If different persons have designated a tutor for the same minor or incapacitated person, the office shall be determined in the following order:
(1) The one designated by the parent that last exercised parental authority (patria potestas).
(2) The one named by the nonrelated person that may have instituted the minor or incapacitated person as heir, if the amount of the estate is of importance.
(3) The one designated by the person having a charge of importance.
If, there is more than one tutor in either of the subsections (2) and (3) of this section, the court will decide who shall have preference.
History —Civil Code, 1930, § 177; June 3, 1983, No. 71, p. 152, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-87/684a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 87 - Testamentary Tutorships (§§ 681 — 684a)›§ 684a - Order of preference
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 87 - Testamentary Tutorships (§§ 681 — 684a) › § 684a - Order of preference
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If, while a tutor is in the exercise of his office, the one designated by the father or mother is found, tutorship will be transferred immediately. If the tutor that is found is the one designated by a nonrelated person, according to subsections (2) and (3) of the previous section, he will be limited to administering the estate of the person who designated him, while the tutorship that is in office, is not vacated.
History —Civil Code, 1930, § 177A, added June 3, 1983, No. 71, p. 152, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-89/701/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722)›§ 701 - Tutorship of minors—Who may exercise
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 701 - Tutorship of minors—Who may exercise
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In default of a testamentary tutor appointed by either of the parents, the legitimate tutorship of unemancipated minors shall belong to the person the Court may designate from among the persons mentioned below, keeping in mind the minor’s best interests and welfare.
(1) Any of the grandparents.
(2) Any of the brothers or sisters.
History —Civil Code, 1930, § 178; May 30, 1976, No. 83, p. 258; July 21, 1977, No. 6, p. 552.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-89/702/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722)›§ 702 - Tutorship of minors—Orphans or abandoned and handicapped children
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 702 - Tutorship of minors—Orphans or abandoned and handicapped children
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The Director of the institution or division who is legally entrusted with the duty of looking after orphans or abandoned and handicapped children shall be their tutor. The legal representation of said official in his capacity as tutor shall be assumed by the prosecutor.
History —Civil Code, 1930, § 179; July 20, 1979, No. 119, p. 286.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-89/703/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722)›§ 703 - Guardianship of insane persons and deaf-mutes—Court order
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 703 - Guardianship of insane persons and deaf-mutes—Court order
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No guardian may be appointed for an insane or demented person or a deaf-mute who is unable to understand or communicate effectively by any means, unless the appointment is preceded by a statement made by the Court of First Instance of his/her domicile, that the person is not legally qualified to administer his/her property.
History —Civil Code, 1930, § 180; May 6, 1983, No. 26, p. 48, § 2; Dec. 14, 1994, No. 140, § 3; Jan. 10, 1998, No. 17, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-89/704/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722)›§ 704 - Guardianship of insane persons and deaf-mutes—Who May petition for decree
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 704 - Guardianship of insane persons and deaf-mutes—Who May petition for decree
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The said decree may be petitioned for by the husband or wife and relatives of the person presumed to be incapable and who have the right to succeed him in case he dies intestate.
History —Civil Code, 1930, § 181.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-1/part-ix/chapter-89/705/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 1 - Persons (§§ 81 — 984)›PART IX - Guardianship (§§ 661 — 879)›Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722)›§ 705 - Guardianship of insane persons and deaf-mutes—Petition by prosecuting attorney; relatives
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 705 - Guardianship of insane persons and deaf-mutes—Petition by prosecuting attorney; relatives
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The prosecuting attorney shall demand such decree:
(1) When the person is a raving maniac.
(2) When none of other persons mentioned in the preceding section are living or when they do not make use of the right therein granted them.
(3) When the husband or wife and the heirs of the person presumed to be incapable are minors or lack the status required to enable them to appear in a suit.
The proper part of the Court of First Instance shall, in all such cases, appoint a next friend for the persons presumed to be incapable and who does not wish or is unable to defend himself. In other cases, the prosecuting attorney shall act as next friend.
History —Civil Code, 1930, § 182.
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Calculates the total word count of documents related to unemployment in each state, revealing insights into the volume of unemployment-related content by location.
CO Title 8 Word Count
Calculates the total number of words in the content of entries related to 'Title 8' in Colorado, providing insight into the volume of text data available for that specific category and state.