Explanation of Article 527
Article 522 outlines the reasons for the termination of guardianship and the consequences thereof.
The first paragraph explains the reasons for the termination of guardianship, which ends as follows:
First: By agreement of the concerned parties to terminate it; because the essence of guardianship is that it is a consensual contract between the concerned parties. Just as guardianship is established by their agreement, it also ends by their agreement.
Second: By judicial ruling; because guardianship may be established by a judicial ruling, and therefore it ends by a judicial ruling. An example of this is when the court rules to cancel the guardianship, or upon the expiration of its term, or when its reason ceases to exist.
Third: By the expiration of the specified term for guardianship; an example of this is when the concerned parties agree on guardianship for a year, so the guardianship ends upon the expiration of this period.
The second paragraph explains what the guardian must do when the guardianship ends. The guardian must return the item to the concerned parties, or to whomever they appoint for that purpose, or to the court if it is impossible to return it to the concerned parties. An example of this is when guardianship over a farm ends, the guardian must return the farm to its owners, or to whomever they appoint for that purpose, or to the court if it is impossible to return it to them. The guardian must also return the yield obtained from the item under guardianship. An example of this is when guardianship over a farm ends, the guardian must return the crop obtained from it to its owners, or to whomever they appoint for that purpose, or to the court if it is impossible to return it to them. The guardian is not absolved except by returning the item to its owners, or to whomever they appoint for that purpose, or to the court.
Related To
Article 527
- Receivership shall terminate pursuant to an agreement by the concerned
parties or a court order or upon the expiration of its term, if specified.
- The receiver shall, upon termination of the receivership, deliver the property, along with its yields, to the person agreed upon by the concerned parties or the person appointed by the court.