Marriage and Guardianship Code
LOI
NO6217
ANRM DU 3 FEVRIER 1962
First
Title
On Marriage
CHAPITRE
ONE
General Provisions
ART.
1 Marriage is a secular act.
The promise of marriage is not susceptible to any forced
consummation
ART. 2 Any request for a woman or
girl in marriage who has already been promised with her
consent to another will not be accepted.
The fiance abandoned in violation of the preceding
statement, may, in accordance with articles 18 and
following, claim an opposition to the marriage up to the
day that he is reimbursed his expenses and received
compensation for damages and interests fixed by the judge,
not counting sanctions provided for by the penal code
against the new candidate.
CHAPITRE II
Dowry and Gifts
ART.
3 Where
required by custom, dowry and gifts given to contract a
marriage cannot in their entirety exceed in value twenty
thousand francs for a young girl and ten thousand for a
woman.
In
case of divorce pronounced against the women, the husband
may demand restitution of dowry and other gifts.
When the
divorced is pronounced in against the husband the dowry and
other gifts remain the possession of the woman.
In the case
where the wrong is on both sides, the tribunal with
determine the total of any restitution.
Anyone who attained or
attempted to attain gifts and dowry for a marriage of a
value above that fixed by the first paragraph of the
present article will be condemned to penalty prescribed by
article 185 of the penal code.
CHAPITRE III
Conditions required to
be able to contract a marriage
ART. 4 A
man under eighteen or a woman not having completed fifteen
years can not contract a marriage.
Nevertheless, the minister of Justice can grant
dispensation of age for serious reasons, decision not
susceptible to appeal.
A
copy of this decision will be attached to the marriage
certificate.
ART.
5 Any
civil officer of the state who precedes with a union of
person not having the required age, save in the case of a
dispensation accorded in the conditions sited above, will
be sanctioned with a fine which shall not exceed 120,000
francs and a penalty of imprisonment of six months to one
year.
ART. 6 Any religious minister who
conducts a religious marriage ceremony without having been
given a document recording the civil marriage ceremony
issued by a the registrar of civil status will be punished
by a fine of 5000 to 30,000 francs.
In case of
recidivism, he will incur a penalty of imprisonment which
shall not be less than two months.
CHAPITRE IV
Cases of prohibition
and interdiction of marriage
ART. 7 A
woman cannot contract a second marriage prior to the
dissolution of the first.
The same is true for a man who has opted for a monogamous
marriage. The man having opted for a monogamous marriage
may revise his contract with the express consent of his
spouse.
Any woman who, engaged in
the ties of marriage, contracts another prior to
dissolution of the previous, will be punished will
imprisonment of six months to three years and a fine of
12,000 to 1,200,000 francs.
It will be the
same for a man having opted for a monogamous marriage and
he who having four legitimate spouses, contracts a fifth
union.
The public
officer who knowingly lent his ministry to those marriages
will be punished with the same
penalties.
ART.
8 A man
with four legitimate wives cannot contract a new marriage.
ART. 9 It
is prohibited to marry:
1. son
and his mother;
brother and sister;
father
and daughter;
uncle and
niece;
nephew
and paternal or maternal aunt;
2. a man
and a woman who nursed him;
a man and
the daughter of a woman who nursed him;
a man and
the paternal or maternal aunts of his wet nurse;
a man and
the children of the daughter of his wet nurse;
3. a man
his wife's mother;
a man and
the ex-wife of his son;
a
man and his father's ex-wife;
a
man and the daughter of his wife born of another
marriage;
a
man and the former spouse of his paternal or maternal
uncles;
adopter
and adoptee.
CHAPITRE V
On consent to marriage
ART.
10 (Loi
no63-19 of 25 jjanuary 1963)
There is no marriage with out consent.
The consent must be
pronounced orally in person before the registrar of vital
statistics by each of the future spouses. It is evidenced
by signature or otherwise affixing the fingerprints at the
foot of the act.
In case of
distance, if one of the future spouses resides away from
the area where the wedding is to be celebrated and cannot
be present in person before the registrar of vital
statistics, the party thus prevented can give consent by an
act prepared by the registrar in his or her state of
residence
This act will be
transmitted by that authority to the registrar responsible
for the solemnization of the marriage celebration.
In this case,
the marriage must obligatorily be celebrated before a duly
authorized representative of the absent spouse. This
representative must sign or in default of this put his
fingerprints at the foot of the marriage
certificate.
Consent by the
parents of legal representatives can be given in the
conditions provided for in paragraph two of the present
article.
In case of
prevention by illness, or distance or any other cause, the
consent can be given in a written document executed by the
mayor or chief of the administrative district where in the
interested party resides. This act shall bear with the
signature or in default thereof the fingerprint of the
declarant.
ART.
11 The
son who has not reached the age of 21 years and the
daughter who has not reached the age of 18 compete years
cannot contract a marriage without the consent of the
mother and father.
If the father or the mother is deceased or if one of the
two is unable to express his or her will, the consent of
the present parent and a legal representative of the other
is required.
If the future spouses are orphans of both mother and
father, their guardian must consent. The refusal of the
guardian may be taken before the chief of the
administrative district who will rule on it without appeal.
ART. 12 When there is disagreement
between divorced or separated parents, the administrative
authority will rule taking into consideration the interests
of the child.
ART.
13 The
illegitimate child who, according to sex, has not reached
18 or 21 years of age, cannot contract a marriage without
the consent of which ever of his mother or father
recognized him or her, or of both if he or she has been
recognized by both.
ART.
14 The
illegitimate child who has not been recognized and one who
after having been recognized has lost father and mother or
whose mother and father cannot manifest their will and who
does not have a guardian, cannot according to their sex,
either before 18 or before 21 years of age contract a
marriage without special permission of the chief of the
administrative district of their domicile.
This
authorization shall be attached to the marriage certificate
ART.
15 Any
civil officer of the state who proceeds with the
celebration of marriages contracted by boys under the age
of 21 or girls under the age of 18 with out assuring the
consent which must be stated in the marriage act, at the
behest of the interested parties or the public prosecutor
of the place where the marriage would have been celebrated,
is condemned to a fine of 25,000 to 120,000 francs and
imprisonment of six months at least to one year at most or
to only one of these two penalties.
CHAPITRE VI
Formalities relating to
the celebration of a marriage
ART.
16 The
marriage will be celebrated publicly before the registrar
of vital statistics closest to the residence of one of the
parties.
ART. 17 Fifteen days prior to the
celebration, the publication with be made at the home s of
the future spouses and at the place of the marriage
celebration. This publication will be done either by
posting a notice on the door of the communal home, or the
offices of the chief place of the administrative district,
or by any other appropriate means of publicity.
The family
names, first names, addresses, professions, ages of the
futures spouses and the date of the marriage celebration
will be announced.
ART. 18 Any person having legal
power authority may, at this time, oppose the celebration
of the intended marriage without the consent required in
the preceding chapter.
The objection is addressed to the registrar of civil status
who will preside over the marriage; He will transmit it to
the chief of the district who will rule, having listened to
the advice of the village. The decision once given is not
susceptible to appeal.
ART.
19 Any
act of opposition will state the qualification that gives
the plaintiff a right to oppose.
It will contain choice of home wherein the marriage will
take place; it must also contain the reasons for the
opposition.
ART. 20 The spouses or spouse
against whom there was opposition will present their pleas
before the chief of the administrative district.
The objection must be heard and decided within fifteen days
of its receipt by the district head.
ART. 21 If there was no opposition
or if the opposition was rejected, the civil officer of the
state will precede with the marriage ceremony.
The ceremony will be held in the presence of two witnesses.
ART. 22 Each of the future spouses
must, if it has not already been done, deliver to the
registrar of vital statistics a copy of their birth
certificates or court ruling or any other legal documents.
ART. 23 The civil officer of the
state will read to the future couple the Articles 7, 8, 32,
34 and 35 of the present law.
He will ask if
there is a marriage contract. Mention of the response will
be made on the marriage certificate indicating the date and
place of the contract and the officer who received it.
He
will assure himself of the consent of the future spouses
subject to penalties provided for in article 104 of the
Penal Code.
Following all
these formalities he will declare them united by the ties
of marriage.
ART.
24 The
marriage certificate will state:
1.
The surnames, names, ages, professions, homes or residences
or the spouses.
2. The surnames, names, professions, homes, or residences
of the mother and father of the spouses;
3. The consent of the mothers and fathers or legal
representatives in the case where such consent is required;
4.
The surnames, names of the witnesses and indications that
they have reached majority.
5.
The declaration of the contractees to become espoused and
the pronouncement of their union by the registrar of civil
status;
6.
The declaration about the marriage contract;
7. First and last names of any previous spouses;
8. The total, partial or non- payment of the dowry as well
as any deadline to this effect;
9. The engagement of monogamy provided for in article 43
below (law no 63-19 of 25 January 1963) or the deed by
which one of the parties hindered has given consent.
CHAPITRE VII
Nullity of marriage
ART.
25 Marriages contracted in
violation of the provisions in articles 7,8 and 9 above are
invalid without prejudice to prosecution under the penal
code.
Any person having knowledge
of the intended celebration of a non valid marriage must
inform the registrar of civil status who will postpone the
ceremony and report to the prosecutor or the magistrate
with extensive jurisdiction. This magistrate will submit it
to the appropriate civil jurisdiction.
ART. 26 A
marriage contracted with out the free consent of the two
spouses or of one of them can be attacked by both spouses
or by the spouse whose consent was not freely given.
When there has been mistaken identity, the marriage can
only be attacked by the spouse who was misled.
ART. 27 The marriage contracted
without the consent of qualified persons according to the
present law can be attacked by those whose consent was
necessary.
However, these people can
not start an action for nullity once the marriage has been
expressly or tactically approved by them or when a limit of
two months has passed since they became aware of the
marriage without reclamation on their
part.
ART.
28 Any
marriage whose celebration was not performed in accordance
with the provisions of articles 16 and 17 above or which
was not celebrated before a competent official can be
attacked by any who have an interest therein as well as by
the public minister regardless of when the marriage took
place, as long as they were not informed and there has not
been any children issue from the marriage.
ART.
29 No one
can reclaim the title of spouse nor the rights of marriage
without presenting a marriage certificate listed in the
register of vital statistics.
ART.
30 When
the proof of a legal marriage ceremony has been found to be
acquired as the result of a criminal trial, the inscription
of judgement in the civil records of state will assure to
the marriage, counting from the day of celebration, all the
civil rights with regard to the spouses and with regard to
any children issued from this marriage.
ART.
31 The
marriage which will have been declared null will however
produce rights with regards to the spouses and with regard
to the children if it was contracted in good faith.
If good faith existed only on the part of one of the
spouses the marriage will only produce rights in favour of
this spouse and the children issued from the marriage.
CHAPITRE VIII
The rights and
responsibilities of the respective spouses
ART.
32 The
husband owes protection to his wife, the wife obedience to
her husband.
The spouses owe each other mutual respect, fidelity, aid
and assistance.
ART. 33 They contract together by
the fact of the marriage the obligation to provide moral
and material direction of the family, to feed, maintain,
and raise their children and prepare for establishment
thereof.
ART.
34 The
husband is the head of household, In consequence:
1. the costs of
the household fall principally on him;
2.
The choice of family residence is his;
3. The wife must
live with him and he must receive her.
ART.
35 In
polygamous marriages, each wife is considered as a
household.
If a wife has a profession separate from her husband she
should contribute to the household expenses.
However, It is forbidden for
the husband to use revenues of one of his wives to the
benefit of his other wives.
ART.
36 A
married woman has full legal capacity; the exercise of this
capacity is only limited by the marriage contract and the
law.
ART. 37 A
married woman, under any system, has the power to represent
the husband for household needs and to employ to this end
the funds that he leaves with her.
Acts thus
accomplished by the woman oblige the husband to respect
debts to a third party unless he has relieved his wife of
the right to do such acts and the third party was
personally aware of the refusal at the time of they dealt
with her.
ART. 38 A
woman cannot engage run a business without the permission
of her husband.
A woman merchant may in debt herself in her negotiations;
in this case her husband is only also involved if they have
joint ownership of goods in their marriage.
The wife is not considered a
merchant when she participates in the commerce of her
husband, only when she has a separate
business.
ART.
39 When a
woman has the management and enjoyment of her personal
goods or property that she acquired by exercising a
separate professional activity, she may open an account in
her own name.
ART. 40 In a marriage, the position
of head of household ceases to be the role of the
husband:
1.
in the case of prolonged absence, interdiction,
impossibility for the husband to manifest his will, legal
separation;
2. when he is convicted of a felony.
ART. 41 In marriages contracted in
accord with article 43, the woman will replace the husband
in his role as head of household. In polygamous marriages,
the head of household will be replaced by a previously
designated person, or in default of this by the first wife.
CHAPITRE IX
Seconds
marriages
ART.
42 A
divorced or widowed woman who has not yet reached 18 years
of age may remarry without consent of her father, mother,
or any other legal representative.
CHAPITRE X
Engaging in
monogamy
ART.
43 A man
who is marrying for the first time of who has disentangled
himself from all former marital ties may agree to contract
no other marriage without first dissolving the preceding
one.
This engagement can be made in the marriage contract, or at
the time of the ceremony. It will be noted on the
certificate.
It
can also be made after the marriage ceremony by an act made
in front of a notary public. It will be noted in the margin
of the marriage certificate. (4th paragraph deleted by
Act No. 63-19 dated 25 January 1963.)
CHAPITRE XI
Matrimonial system
ART.
44 The
matrimonial system is either joint ownership of property or
separation of goods.
The spouses who wish a joint ownership of property must
write a marriage contract.
ART. 45 The matrimonial agreements
will be composed before the marriage and presented to an
agent empowered to do this.
He will give the parties a certificate on loose paper and
without fee stating his first name, family name, place of
residence, the first names, family names, and residences of
the future spouses as well as the date of the contract.
This certificate will indicate that it must be given to the
registrar of civil status prior to the marriage.
The matrimonial agreements
cannot be changed in any way after the celebration of the
marriage, save at the express request of the couple.
They must never
depart from the rules of public order, particularly those
relating to the recognized rights of the husband as head of
household, to the rights of the wife to hold a separate
profession, and those that the spouses hold about the
organization of paternal power and
guardianship.
The spouses may
not make any agreement or renunciation with the objective
of changing legal order of succession, be it regarding
themselves in succession of their children or descendants,
or be it with regard to their children.
The spouses may
not stipulate in general manner that their association will
be regulated by one of the customs of local laws that ruled
the diverse ethnic groups of mali and which are repealed by
the present law.
ART.
46 The
rules agreed upon between spouses can be challenged by a
third party if they were made in fraud of their rights.
ART.
47 At the
dissolution of a marriage, each spouse or their dependents
will recover their property within the conditions fixed by
the present law.
The proof that a
good belongs to one spouse will be decided by an authentic
certificate in the case of a building. Exceptionally
testimonial proof will be admitted but in no case can it
counter an authentic deed.
A deed is
considered authentic if it has been before a qualified
authority.
ART.
48 Proof
of ownership of furnishings will be proved by any means
available.
When the ownership of goods can not be determined, they
will be divided equally between the spouses.
ART.
49 The
creditors of the husband can, until trial, ask for
communication of the request for the separation of goods
and justificatory documents, and even intervene to keep
their rights with or without preliminary arbitration.
ART.
50 The
decree of separation will be read in publicly at the court
hearing held in the tribunal of the place, the document of
this judgment will contain the date, the designation of the
court where it was rendered, the family names, first names,
professions, residences of the spouses, will be posted in
the audience of the first claims court, and the justices of
the peace of extended jurisdiction in the territory of the
republic and inserted in what ever local newspaper that the
courts specifies.
ART.
51 The
woman can only begin executing the judgement after the
above formalities have been accomplished and the husbands
creditors will no longer be received after the expiration
of the three month limit to be a third party opponent of
the judgment of separation.
ART.
52 The
separation of property resulting from a legal separation of
the spouses dates to the day of the request.
ART.
53 The
woman who has obtained a separation of goods must
contribute, proportionally to her abilities and those of
her husband, to the cost of the household and the education
of common children.
She must cover
the entirety of these costs if her husband has nothing
left.
ART.
54 The
personal creditors of the woman may not with out her
consent request a separation of goods. However in the case
of bankruptcy or insolvency of the husband they can
exercise their rights on the debtor to the limit of the
debt.
ART. 55 The creditors of the husband
can appeal against the separation of property pronounced
and even executed in fraud of their rights. The can even
intervene in the instance on the request of separation to
contest it.
ART.
56 The
woman can renounce commonality of goods.
This renunciation by the woman will be done at the clerks
office of the court to which is submitted the request of
separation.
Titre
II
De
la dissolution du marriage
CHAPITRE I
General Provisions
ART.
57 The
marriage is dissolved:
1.
by the death of one of the spouses;
2. by a divorce
legally granted.
ART.
58 Repudiation is
forbidden.
Repudiation
pronounced in violation of the preceding interdiction
absolves the women of her obligations of cohabitation and
obedience and brings with it separation of property,
subject to the rights of third parities. Until a decision
by the courts the woman will retain all her rights as given
by the law and marriage contract
CHAPITRE II
Causes of
divorce
ART.
59 Either
spouse can request a divorce in case of:
1.
adultery by the spouse;
2.
excesses, ruthlessness, and serious insults or abuse,
making conjugal life impossible;
3.
conviction of one of the spouses to ignominious or corporal
punishment;
4. inveterate alcoholism;
5.
impossibility of the spouse to satisfy conjugal
obligations.
ART.
60 The
woman may seek a divorce if her husband refuses:
1.
to meet her essential needs: food, clothing, shelter;
2.
to pay the dowry at the end of the allotted time limit
granted in the marriage certificate.
Concerning this last reason,
the husband can be considered in bad faith of article 211
of the penal code.
CHAPITRE III
Divorce
procedure
ART.
61 The
spouse who wishes to ask for a divorce will present a
written request in person or a verbal request to the chief
of the administrative district of the legal residence who,
after having heard the applicant and having made the
observations that he believes appropriate, will summon the
parties to appear before him at the day and time which he
will fix. He will listen to them and attempt to reconcile
them; The file will then be transmitted to the presiding
judge or a competent magistrate.
ART.
62 If the
judge authorizes the woman to reside separately during the
trial, he will indicate the house in which she will be
obliged to live.
ART.
63 The
woman will be required to provide proof her residence in
the indicated house at any time that it is requested; in
the absence of such justification, the husband can refuse
to provide food and if the woman is the plaintiff in the
divorce, she can be declared inadmissible to continue her
claim.
ART.
64 One or
both spouses can, from the first ruling and upon
authorization from the judge, take conservatory measures to
guaranty his or her rights, notably to require the
apposition of seals on the communal property.
In case of
contestation, it will be referred to the magistrate who
gave the ruling.
The same right belongs to the woman, even in non-communal
system, for the conservation of her goods for which the
husband has the administration or use.
The removal of the seals will be done at the petition of
the most diligent party, the valuable objects will be
inventoried and evaluated; the spouse in possession is
considered the judicial guardian as long as no other
decision was made.
ART.
65 The
court may, either on request of one of the interested
parties, or on that of one of the members of the family, or
on petition of the public minister, or even by its own
motion, order all temporary measures which seems necessary
in the interests of the children.
It will also rule on requests about food for the duration
of the proceedings, on provisions and all other urgent
measures.
Temporary measures can
always be modified or retracted in the course of the
proceedings according to new conditions in which the
parties find themselves.
ART.
66 The
quota for the provisions will vary according to the needs
of the requesting spouse and the means of the one who must
furnish them.
ART. 67 The husband who obtained
legal to defend against a divorce suit brought by his wife,
is exempt from the obligation to provide his wife funds to
pay the justice fees.
ART.
68 The
divorce proceeding is heard in the ordinary form. However,
the relatives of the couple, with the exception of the
descendants can be heard as witnesses.
The case is
debated in the counsel chambers, heard by the State.
When there is an
investigation, it is to be done in accordance with the
provisions of articles 44 to 59 of the civil procedures
code.
The judgement is
given in a open court.
ART.
69 When a
divorce is requested for the reason that one of the spouses
is condemned to an afflictive and infamous penalty, the
only procedure required is to produce, in support of the
request, a copy, in good standing, of the decision, with a
certificate from the clerk stating that this decision will
no longer be susceptible to reversal by ordinary legal
channels. The clerk's certificate must be stamped by the
prosecutor or the attorney general.
ART. 70 The withdrawal of the
original claim for divorce affects not the fate of the
counterclaim which remains admissible.
ART.
71 The
intervention can take a place in trial separation or
divorce proceedings on both the trial or the appeal
The third
parties permitted to intervene are entitled to be present
and to take part in the investigations.
ART. 72 The orders and judgements
rendered in matters of divorce are subject to appeal in the
manner and conditions provided for in articles 66 to 68 of
the civil procedures code.
The appeal is brought and conducted in accordance with
sections 155 and following of the civil procedure code. It
is suspensive.
ART.
73 In the
case of an appeal, the case is debated in the counsel
chamber, the decision is given in open court.
Counterclaims can be instigated in appeal without being
considered a new claim.
The transformation of the
divorce to a trial separation may take place even in
appeal.
But a trial
separation can only be changed to a divorce by conclusions
reached before the court.
A counterclaim
for legal separation can be be filed in appeal on a
principle claim of the same nature the defendant in a
separation proceeding may not make a counterclaim for
divorce.
ART. 74 The cost will be put at the
expense of the spouse who was found at fault even if it is
the plaintiff, and divided in half for each of the spouses
if they are both at fault.
ART.
75 Where
the application for divorce has been formed because of
excess, abuse or serious injury, even if it is well
established, the judge may not immediately recognize
divorce. In this case, before granting it, he will
authorize the woman to leave her husband without being
obliged to receive him if she does not feel it is
acceptable, and condemn the husband to pay alimony
proportional to his powers if the women does not herself
have sufficient revenues to meet her needs.
ART.
76 If
after a trial period not exceeding one year, the parties
are not reconciled, the court shall grant divorce at the
insistence of the applicant.
ART.
77 The
applicant for divorce may for any reason change his or her
request for divorce to legal separation
Counterclaims
for divorce can be introduced by the findings.
ART.
78 The
judge receiving at the same time a divorce petition by one
of the spouses and a demand for separation by the other
spouse must, after having heard the respective complaints,
decide first on the action for legal separation.
CHAPITRE IV
Effects of
divorce
ART.
79 In the
case of a divorced couple reconciling, a new marriage
ceremony is required.
ART. 80 A
divorced woman may not remarry for three months after the
divorce, even if there has been a trial separation
preceding the divorce.
It will be found
by generally accepted means that the woman is pregnant by
her husband.
ART. 81 The woman who obtained a
divorce in her favour retains all the benefits that her
husband gave her.
If the divorce was pronounced in favour of the husband he
may seek restitution of the benefits he granted his wife.
ART. 82 The spouse against whom a
divorce was granted shall pay alimony to the other in the
case where this one is in need because of the divorce.
The alimony will be revoked
when it ceases to be necessary or in the case of notorious
misbehaviour.
In polygamous
marriages, the amount of the pension may not be greater
than 1/6th of the income of the husband
if he is married to two woman, to 1/9th if he is married to three
woman and 1/12th if he is married to four
woman.
ART.
83 The
spouse against whom the divorce was pronounced will loose
all benefits the other spouse had granted, either by
marriage contract or since the wedding.
As an effect of
the divorce the wife will resume the use of her name.
ART.
84 Notwithstanding any other
liability of the spouse against whom the divorce was
granted, the judge may allocate to the spouse who obtained
the divorce, damages for material or moral suffering caused
by the dissolution of the marriage.
ART. 85 The dissolution of the
marriage by divorce court shall not deprive any children
issued from the marriage any benefit due them by laws or
matrimonial agreements of the mother and father.
ART.
86 The
children will be in custody of the spouse who obtained the
divorce unless the court, upon request of the family or the
state, and given the information collected under article 65
above, orders for the best interests of the children, that
all or some of them will be cared for by the other spouse
or a third person.
ART.
87 Regardless of who is
entrusted with the children, the father and mother retain
the right respectively to oversee the maintenance and
education of their children and will be required to
contribute thereto in proportion to their means.
They also enjoy
visitation rights under conditions fixed by the judge.
When the person who is entrusted with the care of the
children has not fulfilled his or her obligations to them,
one of the parents or the state may request a change of the
guardian by a petition to the president of the court.
CHAPITRE V
The extinction of the
divorce
ART.
88 The
divorce action is ended by the reconciliation of the
spouses after the events that led to the action, or since
the request for divorce.
In either case, the applicant will be declared admissible
in his action.
However, he may bring a new
claim after the reconciliation and then use former
complaints to support the new action.
ART.
89 If the
petitioner for divorce denies that there has been a
reconciliation, the defendant will offer proof either in
writing or by witness.
ART. 90 The action is also
extinguished by the death of one of the spouses prior to
the judgement or sentence pronouncing the divorce
final.
If,
notwithstanding the death of a spouse prior to this date,
the judgement or sentence has been transcribed, the court
wherein the action occurred, should, at the request of the
attorney of the Republic, declare the annulment of
transcript as well as that noted in the margin of the
marriage certificate or the margin of the transcription of
the marriage certificate.
CHAPITRE VI
Legal Separation
ART.
91 A
Separation action can be brought on the same grounds as the
divorce proceedings.
Separation may also take place by mutual consent of the
spouses.
Consent is found by the
president of the court or the magistrate with extended
jurisdiction, or if in default of that by order of the
chief of the administrative district where the spouses
live. In the later case, the order must also be approved by
the appropriate judge.
The order will
recognize the agreement of the spouses concerning the fate
of the children.
ART.
92 Any
other form of request for separation is conducted like
other civil suits. However, articles 61 to 72, 73 lines 1
and 2 and 74 will be applicable.
However the guardian of the person forbidden by law, with
the authorization of the family counsel, to present the
petition and follow the proceedings to the end of the
separation.
ART.
93 A
legal separation involves separation of property. The
request can not be made without prior authorization that
the presiding judge must give upon receipt of a petition
for this purpose by the spouse who has been legally
separated. Nevertheless, the judge can, prior to giving the
authorization, make observations he deems suitable.
ART. 94 If the husband dies during
the proceeding for legal separation and after the
separation has been pronounced, the woman will be subject
to the obligations Imposed by article 101 here
below.
ART.
95 When
the separation has lasted one year, the order or ruling
that granted it will be converted to a divorce judgement on
the application thereof filed by one of the spouses.
ART.
96 Legal
separation waives the cohabitation of the spouses and the
obligations referred to in article 32 paragraph 1. It is
extinguished by the reconciliation of the spouses.
CHAPITRE VII
Transcription and
penalties
ART.
97 The
device of the ruling or decision is transcribed in the
vital records in the place where the marriage was
celebrated. Mention is made of this ruling in the margin of
the marriage and birth certificates of each of the spouses.
If the marriage was celebrated abroad, the transcription is
made in the vital records of the place where the spouses
last lived and mention is made in the margin of the
marriage certificate if it was transcribed in Mali.
The transcript is made at
the behest of the state once the decision is final. The
transcription is done by the registrar of vital statistics
and is required to be done within fifteen days maximum
after the requisition, subject to penalties provided for in
article 79 of the penal code.
ART.
98 Whosoever through deceit or
false claims held or tried to keep his or her spouse in
ignorance of a divorce or legal separation procedure
against him or her, will be punished by six months to two
years in prison and fined 20,000 to 240,000 francs or one
of these two penalties.
ART. 99 The same penalty applies to
anyone who has offered or makes available either by press
or display, or regularly uses letters, visits, any other
method or any manner of publicity with the intention to
initiate or continue divorce or separation
proceedings
ART.
100 The
reproduction of debates through the press in divorce and
separation proceedings is forbidden under penalty of a fine
of 20,000 to 500,000 francs and eleven days to six months
in prison or one of these two penalties.
CHAPITRE VIII
Effects of the
dissolution of marriage by death
ART. 101 In the case death of the
husband, the wife may not contract a new marriage until
four months and ten days have passed.
Sexual intercourse is forbidden during this period.
It
is prohibited to take any action, either with her or with
her parents, with the view of a marriage during this time.
If this action is proven it is cause for nullity of the
marriage with intervenes.
A pregnant widow
of her husband may only contract another marriage at the
end of this period if she has already given
birth.
If, during this
time the woman has delivered, she is not obliged to
complete the waiting period prescribed in the first
paragraph.
ART.
102 The
condition of the wife will be noted by the generally
accepted means starting from her husband's death.
Titre
III
Guardianship
CHAPITRE ONE
Family Counsel
ART.
103 After
the dissolution of marriage by the death of one of the
spouses, the guardianship of minors and the emancipated
rightfully belongs to the surviving father or mother.
However, the father may appoint to the surviving mother as
guardian a special advisor without whom she may not take
any action relating to the guardianship. If the father
specifies the acts for which the advisor will be appointed,
the mother will be authorized to take other actions without
his assistance.
Failing such appointment,
the chief of the administrative district will appoint a
guardian upon recommendation of the family under the
conditions provided by articles 106 and 107
below
ART.
104 The
nomination of an advisor may be done:
1.
by act of last will;
2. by a declaration before the judge, assisted by his clerk
or before the chief of the administrative district.
ART. 105 The mother is not obliged to
accept the guardian; however, if she refuses, she must
fulfill the obligations until the nomination of a family
counsel.
ART.
106 In
the case of the death of the father and mother, the
guardian of the minor children is chosen by the chief of
the administrative district as proposed by the family
council.
ART.
107 Any
individual who will have been excluded from or relieved of
guardianship may not be a member of the family
council.
The chief of the
administrative district and the village counsel have the
right to control meetings of the family council.
ART.
108 The
civil officer of state must at each declaration of death
ask if the deceased left any minor children. If so, a
report is prepared and forwarded to chief of the
administrative district who, within a month of the
declaration of death, must gather a family council and
assign a guardian.
ART.
109 The
village council must immediately after the death, when
minors are involved, take all useful measures to proceed
with all acts that are deemed in the interest of the
family. It will give a report of the temporary management
at the first meeting of the family council who will
discharge it.
ORDER No26 OF 10 MARCH 1975
COMPLETING THE LAW No6217 OF 3 FEBRUARY 1962
ART.
1 The
family council must be formed in the month of the death of
the father or mother of the minor child.
ART.
2 The
members of the family council are chosen amongst the
relatives and friends of the mother and father of the minor
child.
They are
appointed by the chief of the administrative district for
the duration of the guardianship.
However, changes in the
situation of the members of the council may cause them to
be replaced, even by their own motion, during the course of
the guardianship.
ART.
3 The
choice must be made in consideration of the proximity of
the degree of kinship of alliance , of the residence, age,
and ability of those concerned.
ART. 4 The maternal and paternal
lines must be represented within the family council.
ART.
5 The
family council by household is composed of the
following:
• The chief of
the administrative district;
• two representatives of the paternal line;
•
two representatives of the maternal line.
However, the
parties have the right to renounce equal representation
considering the usual relationships that the mother and
father had with their different relatives and allies as
well as the interest that these relatives gave or appeared
to give to the person of the minor.
ART. 6 The family council is
chaired by the chief of the administrative district who has
the deciding vote.
ART.
7 The
family council is convened by the chef of the
administrative district. It is also convened at the
petition either by two of the members, or by the parents or
allies, or by the guardian or substitute guardian or the
minor himself, provided he is at least eighteen.
ART.
8 The
wait between the invitation and the meeting of the family
council is no more than fifteen days.
ART.
9 The
family council may only deliberate validly if at least four
of its members duly convened are present or
represented.
If this number
is not gathered, the chief of the administrative district
may either adjourn the meeting or in urgent situations take
protective measures.
ART.
10 This
present ordinance which will be inserted after article 109
of the marriage and guardian code shall be executed as a
state law.
CHAPITRE II
Meetings of the family
council
ART.
110 Members of the family
council, in the case of summons may be represented by a
special representative.
The attorney may not represent more than one person.
The husband may represent
his wife and vice versa.
ART.
111 The
family council meetings are not public, third parties do
not have the right to receive copies of the deliberations.
The council has the authority to interpret its
deliberations.
CHAPITRE III
Role of the guardian
and deputy guardian
ART. 112 When a minor residing in
Mali posses property in another country, the special
administration of such property will be given to any person
designated to this purpose by the family council. In this
case, the guardian and this person will be independent and
not responsible one to the other for their respective
charges.
ART. 113 The guardian will act and
administer in this role from the day of his nomination if
it happened in his presence, otherwise from the day which
he was notified, at the behest of the president of the
family council.
The guardianship
is a personal responsibility which does not pass to heirs
of the guardian. They are only responsible for the
management of their author, and if they are adults they
will be required to continue until the nomination of a new
guardian, when there was a death or impeachment.
ART. 114 In every guardianship, there
will be a deputy guardian appointed by the family council.
His duties will include overseeing the management of the
tutelary and to represent the minor when his interests are
in conflict with those of his guardian.
The nomination of the deputy
guardian will take place immediately after that of the
guardian. The guardian and the surrogate guardian can not
be part of the same line of kinship.
ART.
115 The
deputy guardian will not replace the guardian when the
guardianship becomes vacant or is abandoned by absence, but
he should, under pain of damages, instigate the nomination
of a new guardian.
The functions of the deputy guardian shall cease at the
same time as that of the guardianship.
The guardian may not cause
the removal of the deputy guardian nor vote in the family
councils which will be called for this
purpose.
ART.
116 No
person, neither relative nor ally may be forced to accept
guardianship except in the case where within forty
kilometers, there exists no other relation or ally able to
manage the guardianship.
Any person aged 65 or over may refuse to be a guardian. He
who was nominated prior to attaining this age may retire
when he has reached it.
ART.
117 Any
person suffering from a serious illness and dully justified
is excused from guardianship. He may even be discharged if
this infirmity has occurred since his appointment.
Two guardianships are, for any person, a fair reason not to
accept a third.
He
who, spouse or father, is already discharged of one
guardianship may not be obliged to accept a second with the
exception of his children.
The arrival of
children during a guardianship may not be cause for
abdication.
ART.
118 If
the guardian is present at the deliberations that give him
the guardianship, he must on the spot, and under penalty of
being declared non admissible for any claim, offer his
excuses upon which the family council will deliberate.
If the guardian nominated was not present at the
deliberations which give him the guardianship, he may call
a meeting of the council to deliberate on his excuses.
His requests in this matter
should take place within three days of the notification
made to him of his nomination, if he lives in the area of
the guardianship and fifteen days in any other case, except
prolongation accorded expressly by the family council.
After this period it will not be
admissible
If his excuses
are rejected, he may appeal to the court to admit
them.
The village
council will be, during the proceedings, required to
temporarily administer.
ART.
119 Not
permitted to be guardians nor member of the family council:
1.
minors, except the father or mother;
2.
prohibitions;
3. all
those who have or whose father and mother have with the
minor a trial wherein the state of the minor, his fortune,
or a substantial portion of his assets are in jeopardy;
4.
people with notorious misconduct.
ART.
120 Condemnation to a afflictive
or infamous sentence brings with it the absolute exclusion
of guardianship. It also brings the dismissal of the
guardian if there is a guardianship already granted.
May also impeach anyone whose management shows he is
incapable or untrustworthy.
ART. 121 Any time there are grounds
for dismissal of the guardian it will be pronounced by the
family council at the behest of the deputy guardian.
He may not avoid calling this gathering when it has been
formally requested by one or sever relatives or allies of
the minor.
ART.
122 The
guardian will take care of the minor's person and represent
him or her in all civil acts.
He will manage the minor's property as a good head of
household, and will be answerable for damages resulting
from poor management.
He
may neither purchase the minor's assets, nor take them by
force, unless the family council has authorized the deputy
guardian to give him the lease, nor accept the cessation of
any right or make debt against his ward.
The
surviving father or mother is, for the education of the
child, entirely independent of the family council; It is
only in regard to the assets that he or she is subject like
the other guardians to review by the council.
The
administration of the minor's person may be entrusted to
someone other than he who administers the assets.
The withdrawal
of funds from a savings account in the name of the minor
may not be made by the guardian without the authorization
of the family council.
The guardian who
diverts for his own profit or dissipates the valuables
belonging to his ward will be prosecuted for abuse of
confidence.
ART.
123 In
the ten days that follow his dully accepted nomination, the
guardian will petition the removal of seals if they were
affixed and will proceed immediately to inventory the
assets of the minor, in the presence of the deputy
guardian.
If he is owed something by the minor, he must declare it in
the inventory, under penalty of forfeiture, and this upon
the requisition by the public officer will be obliged to do
it, and of which mention will be made in the report.
ART. 124 In the month which follows
the closure of the inventory, the guardian will sell, in
presence of the deputy tutor, to the bids received by the
public officer, and according to posters or publications to
which the report for the sale will refer,all furniture,
other than those the family council will have authorized
the conservation thereof.
ART. 125 The father and mother as
long as they have the proper and legal use of the assets of
the minor, are excused from selling the furniture if they
prefer to keep them to give in kind.
In this case,
they will at their own expense, acquire an estimate of the
faire value by an expert who will be named by the deputy
guardian and will swear before the chief of the
administrative district or the justice of the peace. They
will give the estimated value of those furnishings that
they can not return in kind.
CHAPITRE IV
The role of the family
council
ART.
126 At
start of a guardianship other than that of a father or
mother, the family council will regulate by survey, and
according to the importance of the assets covered, the
amount that the annual expenses of the minor may be as well
as those of accrued by the administration of the assets.
The same act will specify if the guardian is authorized to
be helped in his management by one or more particular
administrators, employees and managers under his
responsibility.
The guardianship is a
gratuitous task in the sense that the guardian is not
entitled to emoluments, but the family council may allocate
a given annual sum to the guardian for management fees, to
make it free of cost except
accountability.
ART.
127 This
council will determine the amount at which begins, for the
guardian, the obligation to use surplus revenues for
expenses; this use should be done in within six months,
after which the guardian owes the interest that is not
used.
If the guardian has had the sum whereat the use must begin
determined by the family council he will owe, after the
time given in the preceding article, interest on all sums
not used, however modest they may be.
ART. 128 The guardian, even the
father or mother, may not borrow for the minor, not dispose
of or mortgage his real estate, without having been
authorized by the family council.
This authorization should not be granted without absolute
necessity, or a clear advantage.
In
the first case, the family council will only give its
agreement after it has been found, for a summary accounting
presented by the guardian, that the moneys, household
effects and revenues of the minor are
insufficient.
The family
council will indicate in any case, the buildings which
should be sold by preference, and all the conditions they
deem appropriate.
ART.
129 The
proceedings of the family council pertaining to this will
only be executed after the guardian has sought and received
approval before the civil court which will rule in council
chambers and the prosecutor if the republic heard.
ART.
130 The
sale will be held publicly in presence of the deputy
guardian, to bidders who will have received from a member
of the court or an administrative agent, and following
publication by appropriate means in the usual places in the
administrative district.
ART.
131 The
formalities required by articles 128 and 129 for the
disposition of a minor's property is not applicable to
cases where a judgement has ruled a liquidation provoked by
a co-owner. Only, in this case, the liquidation may only be
done in the manner prescribed by the preceding article;
Outsiders will be admitted by necessity.
ART.
132 The
guardian may not accept or renounce a devolved inheritance
--- without prior authorization by the family
council.
The acceptance
will only take place with the benefit of an
inventory.
ART.
133 In
cases where an estate was refused in the name of the minor
has not been accepted by another, it may be recovered by
the guardian by a new decision of the family council or by
the minor who has reached his majority, but in the state in
which it is at the time of recovery and without ability to
complain of sales or other actions which happened during
the vacancy.
ART.134 Donations made to a minor
may be accepted by the guardian only with authorization of
the family council.
It will have the same effect with regard to the minor as it
would to an adult.
The mother as natural and
legal guardian of minors has the right to refuse in their
names the benefits of an open subscription in their
favour.
ART.
135 No
guardian my initiate legal action relating to the property
rights of a minor, nor acquiesce to a claim on those same
rights, without the authorization of the family council.
This same authorization is necessary for the guardian to
initiate a sharing against the minor or to join in a
collective petition to divide his personal assets.
The authorization is not
required when the guardian is only resuming a real estate
action begun prior to the guardianship.
ART.
136 To
obtain with regards to the minor all benefits that would be
between majors, the division must be done in court and be
preceded by an estimate made by experts appointed by the
court at the opening of the succession.
The experts, after have taken oath before the president of
the same court, or to the judge delegated by him to well
and truly fulfil their mission, will proceed with the
division of the inheritance and make lots which will be
drawn in the presence of the chief of the administrative
district, one member of the court, or a ministerial
officer, who will issue the lots.
ART. 137 The guardian my not make
terms in the name of the minor until he has been so
authorized by the family council.
The transaction will only be valid if it has been approved
by the court heard by the state prosecutor.
ART. 138 Any discussion by the family
council which will deliver exclusion or removal of the
guardian will not take effect until the guardian has been
heard or called.
If the guardian accepts the decision, it will be noted and
the new guardian will take effect immediately.
If
there is complaint the deputy guardian will continue the
proceedings before the court who will rule unless
appealed.
The excluded or
expelled guardian may himself, in this case assign the
deputy guardian to be declared maintained in
guardianship.
The deliberation
of the family council expelling the guardian which the
later has not accepted must be seconded by the
court.
ART.
139 The
relatives or allies who requested the meeting may intervene
in the case, which will be heard and judged as an urgent
matter.
CHAPITRE V
Appeal against
decisions of the family council
ART. 140 Any time the decisions of
the family council are not unanimous, the opinion of each
member of the council will be communicated to the chief of
the administrative district who will note it in writing in
a register ad hoc.
On the same register are noted the designation, expulsion
of the guardian and authorization given to the later to
carry out the actions defined by this law, as well as the
decisions subject to judicial review.
The guardian, the deputy
guardian or the curator, even the members of the assembly,
may appeal against the decision; they will formulate their
claim against the members who were in favour of the
decision, without it being necessary to call in
conciliation.
ART.
141 The
decision of the family council who refuses to leave to the
mother who has taken a second marriage the guardianship of
her children or who appoints a guardian may not be subject
to court action.
However, the decision that pronounces the exclusion or
expulsion of the guardian, who has revoked a grandparent of
custody of his grandchildren to give them to a guardian
will fall under judicial review.
ART.
142 The
case will be judge rapidly on conclusions taken in private
council chambers, observing the prescribed manner for this
jurisdiction.
In the case which involved a resolution subject to
approval, a copy of the family council's deliberation will
be attached to the request presented to the president of
the court or magistrate with extended jurisdiction.
ART. 143 If the guardian or the
deputy guardian refuse or neglect to seek approval within a
period of fifteen days from the decision, one of the member
of the assembly may fulfil this formality, but only eight
days after a formal notice has been served to the guardian
without effect.
ART.
144 Those
of the members of the assembly who believe they should
oppose the approval by an extra-judiciary act to the person
seeking it, and if they were not called, may form a third
party opposition to the judgement.
ART.
145 Judgements may by
deliberation of the family council are subject to
appeal.
Titre
IV
On
Competence
The Causes of
Incompetency Rulings and the Request Thereof
ART.
146 An
adult who is in a habitual state of imbecility, insanity or
rage should be declared incompetent even if the state
presents lucid intervals.
Any relative my incite the
prohibition on his relatives. Is is also the case for one
spouse against the other.
In
the case of rage, if the incompetence ruling is either
provoked by the spouse or the relatives, it must be so done
by the attorney of the republic who in cases of imbecility
or insanity may also provoke towards an individual who has
no spouse or known relatives.
ART.
147 Any
request for a ruling of incompetence will be presented to
the president of the court or the magistrate with extended
jurisdiction. It will be communicated by this magistrate to
the public minister for his conclusions.
The facts of the imbecility,
insanity, or rage will be articulated in writing. Those who
are seeking the ruling of incompetence will present witness
and documents.
ART.
148 The
court will order that the family council give its opinion
on the state of the person against who the incompetence
ruling is requested.
Those who have instigated
the incompetence ruling may not be part of the family
council, however, the spouse and children of the person in
question may be admitted without having a deciding voice.
The ruling which orders the
convening of a family council and the interrogation of the
person whose competence is in question is susceptible to
opposition by the defender of the incompetency.
The the request
and the option of the family council will be signalled to
the defence before it proceeds to an interrogation.
The court will
question the defender in council chambers; if he cannot be
present he will be questioned in his home by one of the
judges assisted by his clerk. In any case the attorney of
the republic will be present for the
questioning.
If the
questioning and documents produced are insufficient and the
facts can be justified by witnesses, the court will order,
if there is any, that the investigation will be done in the
ordinary manner.
ART.
149 After
the first interrogation the court will appoint, if
necessary, a temporary administrator to take care of the
person and assets of the defendant.
ART.
150 The
ruling on the petition for incompetency may only be given
in a public hearing, the parties agreed or
summoned.
ART.
151 In
rejecting the application for incompetency the court may
however, if the circumstances require it, order that the
defendant may no longer appeal, transact, borrow, receive
liquid capital, nor to discharge alienate or encumber his
hypothetical goods, without the assistance of an advisor to
be named by this ruling.
ART.
152 In
case of appeal of the ruling given in the first trial the
appeals court may, if it judges necessary interrogate again
or have a commissioner interrogate the person against whom
the incompetency is sought.
ART.
153 Any
decision or ruling incompetence or naming an advisor, shall
be, at the behest of the plaintiffs, raised, served on the
party and registered in within ten days in notices to be
posted in the audience hall of the court and in the offices
of the administrative district wherein in the interdiction
is sought.
ART.
154 The
ruling of incompetence or appointment of an advisor will
take effect the day of the ruling.
All actions
taken afterwards by the one ruled incompetent or without
aid of an advisor, will be null and void.
Acts preceding the ruling of
incompetence may be annulled if the lack of competence
existed noticeably at the period when the act took
place.
After the death
of an individual, acts done by him may not be disputed for
reasons of sanity, unless his competence was pronounced or
brought into question before his death, Save if the proof
of incompetence is a direct result of the act in
question.
ART.
155 If
there is no appeal to the ruling of incompetence in first
court, or if the ruling is upheld in appeal a guardian and
deputy tutor will be named for the one ruled incompetent.
According to the ruled proscribed in articles 114 to 146
above. The temporary administrator will cease his functions
and give an accounting to the guardian, if it is not
himself.
ART.
156 The
husband is, by rights, the guardian of his wife if she is
ruled incompetent.
The wife may be
named guardian of her husband. In this case the family
council will decide the manner and conditions of the
administration, except the court rulings, of the woman who
believes herself aggrieved by the decisions of the family
council.
No
one with the exception of the spouses, descendants and
ascendants of the incompetent person will be expected to
retain guardianship of an individual ruled incompetent for
longer than ten years. At the end of this period the
guardian may request and should be permitted
replacement.
ART.
157 The
person ruled incompetent is treated as a minor, for his
person and his assets; the laws on guardianship of a minor
will be applied to the guardianship of individuals ruled
incompetent.
Income of a person ruled
incompetent should be used essentially to ease his
condition or speed his cure.
According to the character
of his illness and his state of being, the family council
may decide that he will be treated in his home or be placed
in a nursing home or hospice.
When it is a
question of marriage of the child of a person ruled
incompetent, the dowry and other matrimonial conventions
will be decided by a decision of the family council,
approved by the court findings of the prosecutor.
ART.
158 The
interdiction ceases with the causes that determined it;
however the release will only be pronounced by observing
the formalities required to rule for incompetency and the
one ruled incompetent may only resume his rights after a
ruling of release.
ART.
159 It
may be forbidden to plead, to compromise, to borrow,
receive real estate capital from, and to discharge, dispose
of, encumber, or mortgage without the aid of an advisor who
is given by the courts.
ART.
160 The
interdiction to proceed without the aid of an advisor may
be caused by those who have the right to seek an
interdiction; their request must be heard and decided in
the same manner.
This
interdiction may only be raised by observing the same
formalities.
ART.
161 No
judgement, dealing with competence or nomination of an
advisor, may be given, either in first case, or in appeal
on conclusions of the state.
Titre V
Accounts of the
trust
ART.
162 The
guardian is accountable for his management when when it
ends.
The mother guardian and the
husband co-guardian should only have one and the same
account for the guardianship.
The surrender of a
guardianship account by the second husband co-guardian
without the agreement of the mother guardian is null and
void.
The guardian is
subject to legal provisions on accountability; but we can
not consider as a true guardian one who has managed only a
part of the assets of the minor under orders and control of
the legal guardian.
ART.
163 Any
other guardian than the father and the mother may be
required, even during the guardianship, to give the deputy
guardian reports of the state of his management, at periods
that the family council will have decided appropriate to
set, without obliging the guardian to furnish more than one
a year.
These status reports will be
prepared and delivered free of charge on unstamped paper
and without any legal formality.
ART.
164 The
final accounting of the guardianship will be made at the
expense of the minor, once he has reached his majority or
obtained emancipation. The guardian wiii advance the
cost.
It will be allocated to the
guardian all expenses sufficiently justified and for which
the reason is useful.
ART. 165 Any treaty that could come
between a guardian and his ward become an adult will be
void, if it is not proceeded by a detailed explanation with
justification documents.
ART.
166 If
the accounting gives rise to dispute, they will be tried
and judged as will any other civil
matter.
The guardian
will be sued in the courts where the guardianship took
place.
ART.
167 The
amount which remains due by the guardian is subject to
interest, without request, to be calculated from the
closure of the account.
The interest of what is owed
the guardian by the ward will be calculated from the day
for summons to pay following the closure of the account.
ART.
168 Any
action of the ward against the guardian relating to costs
of the guardianship must be taken within ten years of
majority.