This is a
translation of the
Loi (1959) touchant
la vente des immeubles de mineurs
(Chapter 18.845)
as in force on 1
January 2019
This is not an
authoritative translation of the Law. Whilst it is believed to be correct, no
warranty is given that it is free of errors or omissions or that it is an
accurate translation of the French text. Accordingly, no liability is accepted
for any loss arising from its use.
LAW (1959) RELATING
TO THE SALE OF MINORS’ IMMOVABLES
LAW to modify the conditions relating to the sale of
immovables belonging to minors
1
The
following may not be annulled by a renunciation on the part of minor of the
acts of the minor’s tuteur[1]
–
(a) a
contract of alienation of rentes or hypothecs belonging to a minor passed by
the tuteur;
(b) a
contract of alienation of any other immovable property belonging to a minor
passed by the tuteur after the tuteur has obtained the permission of the Royal
Court and the formalities required by this Law have been fulfilled.
2
(1) When
a request is presented to the Court to obtain the permission referred to in
Article 1, the Court shall nominate 2 Jurats to examine the property that it is
desired to alienate. They may cause
the property to be valued and they shall make a written report to the Court
under their hand of the advantages that will accrue to the minor from the
alienation.
(2) In
arriving at a decision on the report, which shall remain lodged in the Judicial
Greffe, the Court may approve, vary or reject the recommendations contained in
it.
3
(1) If
the Court grants the request, the 2 Jurats nominated by the Court, after having
consulted the tuteur, shall settle the mode of sale of the property and fix the
minimum sale price.
(2) If
the property has to be auctioned, the sale shall take place in the presence of
one of the said Jurats. It shall be
announced at least a fortnight beforehand in a newspaper published in Jersey on
a Saturday.
(3) One
of the said Jurats must be party to the contract of alienation of the
property.
4
If the
minor dies before having reached full age, the heirs shall share the succession
as if the parcels of land in question[2]
had not been alienated, the heir to whom a parcel of land would have devolved
being entitled, in place of the heritable property, to the value thereof.
5
The States may,
by Regulations, amend this Law.
6
This
Law may be cited as the Law (1959) relating to the sale of minors’
immovables.