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Book 4 · Family law  ›  Subtitle 2 · Conducting of the guardianship › Section 1795

Exclusion of power of agency

(1) The guardian may not represent the ward:

1.  in a legal transaction between their spouse, their life partner or one of their lineal relatives on the one hand and the ward on the other hand, unless the legal transaction consists solely of the performance of an obligation,

2.  in a legal transaction the subject of which is the transfer or encumbrance of a claim of the ward against the guardian secured by pledge, mortgage, ship mortgage or suretyship or the cancellation or reduction of this security or which creates an obligation of the ward to effect such a transfer, encumbrance, cancellation or reduction,

3.  in a legal dispute between the persons designated in no. 1 and in a legal dispute on a matter of the kind designated in no. 2.

(2) The provision of section 181 remains unaffected.

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