Multiple choice

What is the effect of the sale of a minor's immovable property by a de facto guardian?

  1. Absolutely void

  2. Void but can be ratified by the minor

  3. Voidable

  4. Valid

  5. None of these
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A Correct answer
Explanation

A de facto guardian is merely a custodian of the person and property of the minor; he or she has no rights, but only obligations in comparison to rights and duties of a natural or legal guardian. He may alienate the movable property of the minor in case of necessity, but he cannot alienate the immovable property. An alienation of the minor's immovable property without the authority of the court by a de facto guardian is absolutely void.

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