Section 240 of Portuguese Civil Code, 1867 — Provisional measure in the case of exclusion

Bare section text

Official Legislative Text

[Content not provided] In the case of exclusion, the council shall temporarily decide, as it sees fit, regarding the person and property of the minor, while the appeal is not finally decided.

Educational Study Layer

Summary

This section outlines the temporary measures that must be taken when a guardian is excluded by the family council.
Upon a guardian's exclusion, the family council must make temporary decisions regarding the care of the minor's person and property.
These temporary measures remain in place while the appeal against the exclusion is pending and has not been finally decided.
It ensures that the minor and their assets are not left without protection or administration during ongoing legal disputes.

Practical examples

1Nicolas is a guardian who has been excluded by the family council for being a debtor of a large sum. Nicolas appeals this decision in court. While the appeal is being processed, the minor, Olivia, and her retail shop need immediate supervision. Under this rule, the family council meets and temporarily appoints Nicolas's brother to manage the shop and care for Olivia until the judge makes a final ruling on the appeal.

2Patricia is excluded from her guardianship role by the family council. She files an appeal against the exclusion. To prevent any gap in the care of the minor's estate, the family council invokes this rule and temporarily places the minor's properties under the care of a trusted neighbor, ensuring the assets are protected while the court reviews Patricia's appeal.

FAQ

1. Who manages the minor's property while an appeal against a guardian's exclusion is pending under Section 240?

Under Section 240 of this Act, the family council must temporarily decide, as it sees fit, regarding the care of the minor's person and property while the appeal is pending.

2. Does an appeal by an excluded guardian stop the family council from appointing a temporary protector under Section 240?

No, under Section 240 of this Act, the family council has the authority to make provisional decisions for the minor and their property, which remain in force until the appeal is finally decided.

3. What is the main purpose of Section 240 of this Act?

Under Section 240 of this Act, the rule ensures that a minor's personal care and estate administration are not left in a legal vacuum or without protection while a court decides on the exclusion appeal.

4. How long do the family council's temporary measures last under Section 240?

Under Section 240 of this Act, the provisional measures regarding the minor's person and property last while the appeal is not finally decided.

Practice Quiz

Q1.Under Section 240 of this Act, who is responsible for making temporary decisions regarding the minor's person and property after a guardian has been excluded and has filed an appeal?

Q2.Under Section 240 of this Act, how long do the temporary decisions made by the family council regarding the minor remain in effect?

Q3.Under Section 240 of this Act, what is the family council authorized to temporarily decide upon in the case of a guardian's exclusion?

Q4.Under Section 240 and Section 239 of this Act, if a guardian is excluded and appeals the decision, and the family council temporarily appoints a provisional administrator, who pays for the provisional administration's expenses if no slander is committed?

239PreviousSection 239 Appeal against the decision of the council 241NextSection 241 Provisional measure in case of removal

←Section 239 Section 241→