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Book 4 · Family law  ›  Title 2 · Descent › Section 1596

Acknowledgement and approval in the case of lack of capacity to contract or limited capacity to contract

(1) A person whose capacity to contract is limited may only acknowledge without a representative. The approval of the legal representative is required. For a person who has no capacity to contract, the legal representative may acknowledge, with ratification by the family court; if the legal representative is a custodian, ratification by the custodianship court is required. The approval of the mother is governed accordingly by sentences 1 to 3.

(2) For a child that is incapable of contracting or has not yet attained the age of 14, only the legal representative may approve the acknowledgement. In all other cases, a child that has limited capacity to contract can only give approval without a representative; this requires the approval of the legal representative.

(3) A person under custodianship who is capable of contracting may only acknowledge or give approval without a representative; section 1903 remains unaffected.

(4) Acknowledgement and approval may not be declared by an authorised representative.

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