Institution of the definitive Curatorship

After the lapse of four years from the time the absentee absented himself, without there being knowledge of his where-abouts, or from the date one last heard about him, his presumptive heirs, at the time of his absence or at the time one last heard about him, either legal or appointed in the will, or, they being dead, their representatives, upon the declaration of absence with the assistance of Public Ministry, may apply for delivery of the assets of the same absentee, except where he has appointed lawful attorney; in this case delivery can be asked only after the lapse of 10 years from the date the said absentee absented himself or from the date of the last news of him. § 1 - The heirs, however, may apply, after the lapse of 3 years, in the aforesaid manner, that the attorney may furnish adequate security, in the event there is an apprehension of insolvency; and when the latter is not in a position or is not willing to furnish security, order will be passed putting an end to the power of attorney. § 2 - When the power of attorney comes to an end, in terms mentioned in the preceding paragraph or due to any other cause, the assets shall be put under the regime of provisional curatorship, in accordance with Article 55 onwards, till the completion of period of 10 years referred to in this Article, save for the provisions of Article 63.