Power of the Family council

The family council has the following powers: 1. To confirm the twice-wed mother as the administrator of the assets of the minor or interdicted child; 2. To confirm the legal guardians; 3. To appoint the dative guardians; 4. To appoint a pro-guardian, whenever required; 5. To confirm the guardianship set out in the mother’s will in favour of her second husband; 6. To remove the guardian in the cases mentioned in Articles 236 onwards; 7. To determine the profession, craft or the service that the minor will undertake and decide, when the father or mother of the minor had some form of business or commerce, whether such business or commerce should continue to be carried out by the minor, in the absence of instructions from the parents in that respect, or if there is grave inconvenience in the fulfillment of their wishes; 8. To establish at the beginning of the guardianship the amounts the guardian may spend with the minor and with the administration of the assets, not precluding increases or decreases required by circumstances; 9. To specify the value of the mortgage to be imposed on the assets of the guardian, paying attention to the importance of the movable property, and the earnings to be paid to him/her and that he/her may accumulate up to the end of the guardianship; decide on the assets in relation to which a mortgage should be registered and impose a reasonable deadline for this to be done, as well as, when it so deems convenient, to excuse the guardian from the mortgage or merely from its previous registration and other formalities, so that he/she may begin to exercise the guardianship at once; 10. To verify the legality of the passive debts of the minor and authorize and regulate their payment, as long as interested parties do not oppose this; 11. To decide on what to do with the money, jewels or any other valuable objects belonging to the minor; 12. To authorise the guardian to have the minor arrested, in accordance with article 143 and its paragraph; 13. To authorise the guardian to sell the movable property that it is not appropriate to keep, and decide on what to do with it when no buyer is found; 14. To authorise the guardian to carry out any exceptional improvements, and to lease immovable property for more than three years, as long as the final term does not exceed the time of the age of majority; 15. To authorise the guardian to withdraw the capital of the minor earning interest; 16. To authorise the guardian to contract loans, to lend money belonging to the minor, to mortgage or dispose of immovable property, in case of urgent necessity or recognized utility; 17. To authorise the guardian to accept gifts made to the minor, initiate legal actions, arrive at settlements or carry out transactions or accept commitments, under certain terms; 18. To authorise the marriage and the prenuptial agreements of the minor, when the guardian is not the grandparent; 19. To decide, in the absence of opposition, on the allowance or maintenance to be paid on behalf of the minor to his siblings or ascendants; 20. To examine and approve the accounts of the guardianship in the deadlines set by it, which may not exceed four years; 21. To authorise the replacement or reduction of the mortgage to which the asset of the guardian is subject; 22. To emancipate the minor in the absence of the father and the mother.