reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle Preliminary - Subtitle Preliminary Provisions (§§ 1 — 23) › Chapter 1 - The Laws, Their Effects, and the General Rules for Their Application (§§ 1 — 23) › § 23 - Puerto Rico defined

The expression “Puerto Rico” shall be held to comprehend, for all civil purposes, the island of that name and the adjacent islands situated to the east of the seventy-fourth meridian of longitude west of Greenwich and which were ceded to the United States by the Government of Spain by virtue of the treaty made on the tenth day of December, eighteen hundred and ninety-eight, and ratified on the eleventh day of April, eighteen hundred and ninety-nine.
History —Civil Code, 1930, § 23.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART I - Distinction of Persons (§§ 81 — 105) › Chapter 11 - Natural Persons (§§ 81 — 83) › § 81 - Personality and capacity—Determined by birth; when born

Birth determines civil personality and capacity. A child shall be considered as born when completely separated from his mother’s womb.
History —Civil Code, 1930, § 24.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART I - Distinction of Persons (§§ 81 — 105) › Chapter 11 - Natural Persons (§§ 81 — 83) › § 82 - Personality and capacity—Extinguished by death; restrictions on civil capacity

(1) Minority.
(2) Dementia or insanity.
(3) Prodigality.
(4) Habitual drunkenness.
(5) Deaf-mutes who cannot understand or communicate effectively by any means.
These are not more than restrictions to the capacity of performing.
History —Civil Code, 1930, § 25; May 6, 1983, No. 26, p. 48, § 1; Dec. 14, 1994, No. 140, §§ 1, 6; Jan. 10, 1998, No. 17, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART I - Distinction of Persons (§§ 81 — 105) › Chapter 11 - Natural Persons (§§ 81 — 83) › § 83 - Determination of priority of death

If a doubt exists as to which of two or more persons respectively entitled to inherit from one another died first, any person alleging the prior death of any one of them shall prove such allegations; and if such proof be not forthcoming, and no special circumstances exist from which to infer such proof, the survival shall be presumed in accordance with such rules as are established by the law of evidence.
History —Civil Code, 1930, § 26.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART I - Distinction of Persons (§§ 81 — 105) › Chapter 13 - Artificial Persons (§§ 101 — 105) › § 101 - Artificial persons—Definitions

The following are artificial persons:
(1) Corporations and associations of public interest, having artificial personality recognized by law. The personality of such bodies shall commence from the moment of their establishment in accordance with law.
(2) Private corporations, companies or associations, whether civil, commercial or industrial, to which the law grants legal personality. A business trust institution of Massachusetts is a legal entity under the law of Puerto Rico. In re Vento Development Corp., 560 F.2d 2 (1977).
A civil partnership has a legal personality different from that of its members. Heirs of Maeso v. Secretary of the Treasury, 1959, 81 P.R.R. 610.
History —Civil Code, 1930, § 27.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART I - Distinction of Persons (§§ 81 — 105) › Chapter 13 - Artificial Persons (§§ 101 — 105) › § 102 - Law governing

The corporations, companies or associations referred to in subsection (2) of this title governed by such legal provisions as may be applicable thereto, by their classes of incorporation and by their bylaws, according to the nature of each of them.
History —Civil Code, 1930, § 28.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART I - Distinction of Persons (§§ 81 — 105) › Chapter 13 - Artificial Persons (§§ 101 — 105) › § 103 - Law governing—Civil status

The civil status of corporations, companies and associations shall be governed by the laws which create or recognize them.
History —Civil Code, 1930, § 29.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART I - Distinction of Persons (§§ 81 — 105) › Chapter 13 - Artificial Persons (§§ 101 — 105) › § 104 - Artificial persons—Powers

Artificial persons may acquire and possess property of all kinds and also contract obligations and institute civil and criminal actions, in accordance with the laws and regulations of their establishment.
History —Civil Code, 1930, § 30.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART I - Distinction of Persons (§§ 81 — 105) › Chapter 13 - Artificial Persons (§§ 101 — 105) › § 105 - Property of extinct corporations

If any corporation or association shall cease in its functions by reason of the time for which it was established having legally expired, or the object for which they were constituted having been fulfilled, or it being impossible to continue giving to such object the necessary funds and attention, the property thereof shall be disposed of in accordance with law, with the clauses of incorporation or with the bylaws thereof.
History —Civil Code, 1930, § 31.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 131 - Appointment of administrator

When any person who possesses movable or immovable property or rights and credits relating thereto shall be absent or shall reside out of Puerto Rico, without having appointed an attorney in fact to administer his estate, or when the administrator or attorney in fact so named shall die or become legally incapable, for any reason, of continuing as such, the part of the Court of First Instance in which such property is situated shall, on petition of a lawful party or of the public attorney (fiscal), appoint an administrator who shall represent the absentee and take charge of the administration of his property.
History —Civil Code, 1930, § 32;.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 132 - Preference in appointment

In the appointment of such administrator the Court of First Instance shall prefer the husband or wife of the absentee to his presumptive heirs; the presumptive heirs to other relations; said relations to strangers; and his creditors to those persons not otherwise interested, provided the said creditors are in the full possession of their civil rights and are of good reputation.
History —Civil Code, 1930, § 33.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 133 - Oath of administrator

The administrator appointed shall take an oath to fulfill well and faithfully the duties of his office and to present an exact account of his administration when called upon to do so by the Court of First Instance or a party having a legal right thereto.
History —Civil Code, 1930, § 34.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 134 - Inventory; security

Before entering upon the discharge of his duties, the administrator shall make an inventory with an appraisement of the property of the absentee over which his administration extends, before the Court of First Instance appointing him or before a notary public duly authorized to that effect by such court; and he shall, besides, give good and sufficient security to the amount of the inventory, to the satisfaction of the Superior Court, for the conduct of his administration.
History —Civil Code, 1930, § 35.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 135 - Sale or encumbrance of property forbidden; liability and compensation of administrator

The administrator shall only have the right of administering the property of the absentee and in no case shall he alienate or encumber the same. He is also bound, as regards his administration, by the same obligations and responsibilities as those by which tutors are bound, and shall be entitled to the same pecuniary compensation for his services.
History —Civil Code, 1930, § 36.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 136 - Administrator as legal representative

The administrator of the absentee shall be his legal representative.
History —Civil Code, 1930, § 37.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 137 - Termination of administration

The administration of the absentee shall cease:
(1) When the absentee or person residing out of Puerto Rico appears in person or names an attorney in fact or a representative to administer his property, which person may be either the same who is exercising the administration or any other person.
(2) When the death of the absentee is proven and his testamentary heirs or heirs ab intestato appear.
(3) When, after a certain time has elapsed without knowledge of the absentee, his heirs are placed in provisional possession of the estate, in accordance with law.
(4) When a third person appears, proving by proper instruments that he has acquired, by purchase or by any other title, the property of the absentee.
In all these cases, the administrator shall cease in the discharge of his duties and the property shall be placed at the disposal of those having a right thereto.
History —Civil Code, 1930, § 38.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 138 - Sale of property ten years after disappearance

Whenever the administrator or the attorney in fact of the absentee shall present to the Court of First Instance a petition made under oath that, according to his knowledge and belief, nothing has been known or heard of the absentee during a period of ten years since his disappearance and that he has no known heirs residing in Puerto Rico; or when such facts regarding the absentee are known to the Court of First Instance or are duly and satisfactorily proven by any other person than the said administrator or attorney in fact, the Court of First Instance shall, in either case, order the sale of the property and effects of the absentee, the proceeds of the same to be paid into the Treasury of Puerto Rico, in the same manner and under the same conditions as the law provides in cases of vacant successions.
History —Civil Code, 1930, § 39.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 139 - Annual accounts

The administrator of the absentee shall file annual accounts of his administration, which shall be examined in due course of law contradictorily with an administrator appointed ad hoc to represent the absentee.
The judgment rendered with respect to the said accounts shall be considered prima facie evidence of their correctness.
History —Civil Code, 1930, § 40.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 140 - Final account

The administrator shall render a final account of his administration upon the termination thereof, in any of the cases already established for the termination of such administration.
History —Civil Code, 1930, § 41.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 19 - Provisional Measures in Case of Absence (§§ 131 — 141) › § 141 - Suits against absentees

If suit be brought against an absentee who has no known attorney in fact in Puerto Rico nor administrator appointed for the care of his property, the part of the Court of First Instance in which such suit is brought shall appoint an administrator ad hoc to defend the absentee in said suit.
History —Civil Code, 1930, § 42.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 151 - Provisional possession by heirs after five years

If a person shall not have appeared either in person or through an attorney in fact at his place of domicil or habitual residence after five years have elapsed from the time of his departure, or if no news concerning him has been received in the same period of time, his presumptive heirs may, by producing proof of the fact, solicit and obtain from the Court of First Instance an order placing them in provisional possession of the estate belonging to the absentee at the time of his departure or the last news received of him, on condition that they give sufficient security for their administration.
History —Civil Code, 1930, § 43.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 152 - Seven years in case of power of attorney

If the absentee has left a power of attorney to any person at the time of his departure, his presumptive heirs shall not obtain provisional possession of his estate until seven years have elapsed from the time the said absentee was last heard of.
History —Civil Code, 1930, § 44.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 153 - Expiration of power of attorney

If the power of attorney conferred by the absentee expires, his property shall be administered in the manner established in §§ 131-141 of this title.
History —Civil Code, 1930, § 45.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 154 - Presumption of death of absentee

Provisional possession may also be ordered before the expiration of the terms above mentioned when there shall be offered strong presumptions that the absentee has perished.
History —Civil Code, 1930, § 46.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 155 - Action on petition for provisional possession

In order to decide the petition referred to in the preceding section, the Court of First Instance shall take into consideration the motives of the absence and the reasons to which may be attributed the fact that nothing has been heard as to the whereabouts of the absentee.
History —Civil Code, 1930, § 47.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 156 - Action upon will of absentee

When the presumptive heirs have been placed in provisional possession of the estate of the absentee, if there exists a will made by said absentee it may be presented or opened at the request of an interested party, and the testamentary heirs, legatees and donees as well as all persons having a claim against the said estate by reason of his death, may exercise their rights or prosecute their claims on condition that they give sufficient security for their possession and administration.
History —Civil Code, 1930, § 48.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 157 - Universal heir preferred

If the will institutes a universal heir, he shall be preferred to the presumptive heir unless they are forced heirs, and shall be given the provisional possession of the property of the absentee, but giving security for his administration.
History —Civil Code, 1930, § 49.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 158 - Rights of husband or wife of absentee

The husband or wife of the absentee who wishes to continue enjoying the benefits derived from the community of property and matrimonial gains, may prevent the provisional possession or exercise of all the rights which may depend upon the death of the absentee, and claim and preserve for himself or herself, in preference to any other person, the administration of the estate of his or her absent husband or wife.
If, on the contrary, the husband or wife of the absentee prefers to have such community dissolved, he or she may exercise all the rights belonging to him or her, first giving sufficient security for such things as may be liable to be restored.
The wife of the absentee who shall have elected to continue the community of property or gains which she may have with her husband may, nevertheless, renounce the same afterwards.
History —Civil Code, 1930, § 50.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 159 - Nature of provisional possession; security

Provisional possession is only a deposit investing those who obtain it with the administration of the estate of the absentee, to whom they are liable in case he appears or is heard from.
The security given by those who are placed in provisional possession of the property of the absentee shall not exceed the probable value of the injury or damage which their maladministration may cause.
History —Civil Code, 1930, § 51.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 160 - Inventory, sale, and investment of personal property

It shall be the duty of those obtaining provisional possession of the property of the absentee, or of the husband or wife continuing in the administration of the community, to make an inventory of the movables and credits of the absentee, either through the Court of First Instance or by a notary public duly authorized by said court.
In case of necessity, the Court of First Instance may order that all or a part of the movables be sold, and in this case the proceeds thereof, as also the accrued profits, shall be invested in real property or placed at interest in a safe manner.
History —Civil Code, 1930, § 52.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 161 - Report on condition of real property

Those who shall have obtained provisional possession or legal administration of the property of the absentee may petition, for their own security, that the Court of First Instance name two experts who, under oath, shall examine the real property of the absentee and report as to its condition. Such report shall afterwards be approved by the court and the expenses which may have been occasioned shall be paid out of the estate of the absentee.
History —Civil Code, 1930, § 53.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 162 - Return of property to absentee

The heirs of the absentee who shall have been placed in provisional possession of his property, shall, when he appears, return to him, together with the property, the balance of income remaining after paying from such income the cost of their own maintenance and the expenses caused in the preservation of the property.
History —Civil Code, 1930, § 54.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 163 - Alienation or encumbrance of real property

Persons enjoying only provisional possession can neither alienate nor encumber the real estate of the absentee, but when said real estate consists of shares or co-ownership of real estate materially indivisible and which may be destroyed by the action of time or force majeure, the part of the Court of First Instance where said real estate is located may, upon sworn application to that effect, authorize the sale thereof, with the intervention of the prosecuting attorney and by public sale, in the same manner as if it were property belonging to minors; and the proceeds of the sale shall be deposited in the Court of First Instance to be invested as the court may provide.
History —Civil Code, 1930, § 55; May 15, 1937, No. 140, p. 302.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 164 - Declaration that absentee presumed dead

After fifteen (15) years have passed since the day on which the provisional possession of the estate of the absentee was awarded or on which the husband or wife of said absentee took over the administration of the estate belonging to him or to her in accordance with the foregoing provisions, or after ninety (90) years have passed since the birth of the absentee, the Court of First Instance shall, on petition of any interested party, declare that he is presumably dead.
History —Civil Code, 1930, § 56.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 165 - Effective date

The resolution of the presumption of death shall not go into effect until after six months, to be counted from its official publication.
History —Civil Code, 1930, § 57.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 166 - Discharge of securities and distribution of estate

After the resolution of the presumption of death the securities given to guarantee the provisional possession shall be discharged and the succession to the estate of the absentee opened, and its distribution and proper disposal among his heirs be proceeded with in accordance with law.
Persons having in charge the property of the absentee shall restore the same to the heirs.
History —Civil Code, 1930, § 58.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 167 - Appearance or proof of existence of absentee—During provisional possession

If the absentee appear or his existence be proven during the provisional possession, the effect of the resolution or decree ordering said provisional possession shall cease, without affecting the validity of the measures taken in compliance with the provisions of §§ 131-141 of this title for the preservation and administration of the estate of the absentee.
History —Civil Code, 1930, § 59.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 168 - Appearance or proof of existence—After absolute possession

If the absentee appear or his existence be proven after others have been put into absolute possession of his estate, he shall recover the said estate in the condition in which it may be, as also the value of such part of it as has been sold or such property as has been bought with the proceeds of the disposal of his estate.
History —Civil Code, 1930, § 60.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 169 - Petition for restitution by descendants

The children or direct descendants of the absentee may, in the same manner and within thirty years from the day in which absolute possession of his estate was awarded, petition for the restitution of his estate in accordance with the provisions of the preceding section.
History —Civil Code, 1930, § 61.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 21 - Provisional Possession of Property of Absentee (§§ 151 — 170) › § 170 - Assertion of rights against absentee

After a judgment ordering the provisional possession or legal administration of the estate of the absentee, no person who may have rights to exercise against the absentee, can prosecute such rights, except against those who have been put into provisional possession of the estate, or legally appointed administrators of the same.
History —Civil Code, 1930, § 62.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 23 - Effects of Absence Upon Eventual Rights of Absentee (§§ 181 — 184) › § 181 - Proof of rights accruing to person not known to exist

Any person claiming a right accruing to a person whose existence is not known, shall prove that such person existed at the time when the right in question accrued; and, until this be proved, his demand shall not be admitted.
History —Civil Code, 1930, § 63.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 23 - Effects of Absence Upon Eventual Rights of Absentee (§§ 181 — 184) › § 182 - Share of absentee in succession

Notwithstanding the provisions of the preceding section, when a succession is opened to which an absentee is called, the share of such absentee shall accrue to his coheirs, unless there is some person with rights of his own to claim it. In every case, the Court of First Instance shall order an inventory of the estate, with the intervention of the prosecuting attorney.
History —Civil Code, 1930, § 64.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 23 - Effects of Absence Upon Eventual Rights of Absentee (§§ 181 — 184) › § 183 - Actions petitioning inheritance or other rights; registry of real property

The provisions of the preceding section shall not be understood to impair actions petitioning an inheritance or any other rights belonging to the absentee, his representatives and persons holding rights under him. These rights shall not be extinguished except by the lapse of the time fixed for prescription. In the inscription to be made in the registry of the real property which may accrue to the coheirs, the fact that such property is to remain subject to the provisions of this section shall be clearly expressed.
History —Civil Code, 1930, § 65.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 23 - Effects of Absence Upon Eventual Rights of Absentee (§§ 181 — 184) › § 184 - Disposition of income or products of estate

Those who have taken possession of the estate in accordance with § 182 of this title, shall be owners of the income or products thereof received by them in good faith during the time preceding the appearance of the absentee or while his rights are not exercised his representatives or the holders of rights under him.
History —Civil Code, 1930, § 66.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART II - Absence (§§ 131 — 201) › Chapter 25 - Effects of Absence Respecting Marriage (§ 201) › § 201 - Remarriage by spouse of absentee, and by absentee after reappearance

An absence of ten years without news or knowledge of the absentee shall be sufficient cause for the husband or wife of such absentee to contract another marriage, after having been authorized to do so by the Court of First Instance on due proof of the said absence and the fact that no news has been received from the absentee within said period of ten years.
If the absent husband or wife appear after such remarriage, he or she shall be free of his or her first contract and legally capable to contract another marriage.
The marriage entered into by the husband or wife of the absentee during and on account of the absence, shall remain firm and valid.
History —Civil Code, 1930, § 67.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 29 - Nature of Marriage (§ 221) › § 221 - Definition, validity, and dissolution of marriage

Marriage is a civil institution, originating in a civil contract whereby a man and a woman mutually agree to become husband and wife and to discharge toward each other the duties imposed by law. It is valid only when contracted and solemnized in accordance with the provisions of law, and it may be dissolved before the death of either spouse only in the cases expressly provided for in this title. Any marriage between persons of the same sex or transsexuals contracted in other jurisdictions shall not be valid or given juridical recognition in Puerto Rico.
History —Civil Code, 1930, § 68; Mar. 19, 1999, No. 94, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 231 - Requisites for validity

The requisites for the validity of a marriage are:
(1) The legal capacity of the contracting parties.
(2) Their consent.
(3) Authorization and celebration of a matrimonial contract according to the forms and solemnities prescribed by law.
History —Civil Code, 1930, § 69.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 232 - Capacity—Incapacity to contract marriage

The following persons are incapacitated to contract marriage:
(1) One who is already legally married.
(2) One who is not of sound mind.
(3) Those who suffer mental retardation and/or some developmental deficiency, when such condition impedes them from giving consent.
(4) A person of the male sex under eighteen (18) years of age, and a person of the female sex under sixteen (16) years of age. Marriage contracted by persons under the said age of puberty shall, nevertheless, be valid ipso facto and without an express declaration, if one day after having arrived at the legal age of puberty the parties shall have lived together without the representatives of either of them having brought suit against its validity, or if the woman shall have conceived before the legal age of puberty or before having established such suit; and Provided, That every woman over fourteen (14) and under sixteen (16) years of age who has been seduced may contract marriage with the previous consent of her parents or tutor and if these refuse it, with the consent of the part of the Court of First Instance of the place where the seduced woman resides; and every man over sixteen (16) and under eighteen (18) years of age who is under an accusation of having seduced a woman over fourteen (14) and under sixteen (16) years of age, may also contract marriage with the previous consent of his parents or tutor, and if these refuse it, with the consent of the part of the Court of First Instance of the place where the seduced woman resides; and such marriage shall be considered sufficient to bar all prosecution, in the same form as in the other cases referred to in § 262 of the Penal Code, § 968 of Title 33.
(5) A minor who has not secured the consent required by law.
(6) A person suffering from physical impotency for the purpose of generation.
(7) A tutor and his descendants with his ward until the accounts of the guardianship shall have been definitely approved and the tutorship has ceased.
History —Civil Code, 1930, § 70; Mar. 29, 1937, No. 12, p. 133; June 2, 1976, No. 108, p. 308, §§ 1, 3; Dec. 14, 1997, No. 141, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 232a - Capacity—Time for contracting new marriage

After dissolution of the marriage for whatever cause, man and woman are apt to remarry at any time.
Notwithstanding, to the end of facilitating the determination of the paternity, the woman whose marriage has been dissolved and who is prepared to remarry before the lapse of 301 days from said dissolution shall present to the person authorized to perform the marriage a medical certificate showing whether or not she is pregnant.
This certificate, if positive, shall constitute presumption of paternity of the spouse of the dissolved marriage.
If the woman has given birth before the said 301 days, it shall not be necessary for her to present such certificate to remarry.
History —Civil Code, 1930, added as § 70A, June 2, 1976, No. 108, p. 308, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 233 - Capacity—Impediments to contract

Nor can the following contract marriage with each other:
(1) Ascendants or descendants by consanguinity or affinity.
(2) Collaterals by consanguinity within the fourth degree.
(3) The adoptive father or mother and the person adopted; the latter with the surviving husband or wife of the adopter; and the adopter with the surviving husband or wife of the adopted.
(4) The legitimate descendants of the adopter with the adopted person during the time the adoption exists.
(5) The parties to an adultery who have been convicted by a final judgment for five years after such judgment.
(6) Those who have been condemned as principals or as principal and accomplice responsible for the death of the husband or wife or either of them.
History —Civil Code, 1930, § 71.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 234 - Capacity—Waiver of consanguinity

On petition of interested party, the Court of First Instance, for just cause, may waive the fourth degree of consanguinity. The party concerned shall file sworn petition with the Court together with the necessary documentary evidence.
The Court shall judge and resolve the petition on its merits without holding a hearing, or it shall at its discretion fix a date therefor; Provided, That when cousins germane have lived in concubinage, and as a result of this union there are children or one of them may be in imminent danger of death, any minister, priest or judge, required to do so, may celebrate the marriage without dispensation, and he shall notify the corresponding part of the Court of First Instance, by affidavit, of the facts in the case, to the end that it may be entered in the minutes of the court, as if the latter had granted such dispensation.
History —Civil Code, 1930, § 72; Apr. 22, 1942, No. 42, p. 452; Apr. 7, 1945, No. 15, p. 42; July 23, 1974, No. 205, Part 2, p. 106.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 235 - Persons who suffer from diseases or developmental deficiencies—Marriage prohibited; annulment

It is hereby prohibited for any persons suffering from insanity, mental retardation, or developmental deficiency when said condition is an impediment to give their consent, or from syphilis or any sexually transmitted disease, to contract marriage while the disease, mental condition, or deficiency subsists; and if such marriage is contracted, it may be annulled by the Superior Part of the Court of First Instance of the residence of either contracting party, by petition of the prosecuting attorney of the Superior Part of the Court of First Instance, or an interested party, with the intervention of the prosecuting attorney of the Superior Part of the Court of First Instance in which the suit is filed; provided, that the action to annul shall not be exercised if the cause for nullity has disappeared at the time the suit is initiated. For purposes of this section, Puerto Rico male and female nonresidents who get married in Puerto Rico may not request the aforesaid action to annul when a medical certificate attests to such person’s compliance with all the tests required for marriage in their state or country of residence.
History —May 14, 1937, No. 133, p. 290, § 1; Apr. 13, 1938, No. 22, p. 132, § 1; May 12, 1967, No. 36, p. 221; Dec. 14, 1997, No. 141, § 2; Dec. 13, 2007, No. 193, § 1; Aug. 11, 2010, No. 127, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 237 - Persons who suffer from diseases or developmental deficiencies—Proof of identity of applicant for medical certificate

Prior to the issuance of the certificate, the physician shall be convinced that the person requesting said certificate in writing, is the same person who is to contract marriage. If said person is unknown to the physician, he may be identified by a person known to said physician, who shall guarantee in writing, over his signature, that the person requesting an examination is the same person who is to contract marriage.
History —May 14, 1937, No. 133, p. 290, added as § 2(a) on Apr. 13, 1938, No. 22, p. 132, § 3, eff. 90 days after Apr. 13, 1938.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 238 - Persons who suffer from diseases or developmental deficiencies—Penalty for contracting marriage

Every person who contracts marriage, or who induces or facilitates its being contracted in violation of the provisions of §§ 235-240 of this title, shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for a period which shall not exceed six (6) months. The provisions of this section shall not be applicable to persons suffering from insanity or dementia, in connection with whom provisions shall be made in accordance with the laws in force on this matter.
History —May 14, 1937, No. 133, p. 290, § 3; June 3, 1983, No. 76, p. 159, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 239 - Persons who suffer from diseases or developmental deficiencies—Penalty for issuance of false medical certificate

Any physician who issues the certificate required by section 235-240 of this title to be presented to the registrar of vital statistics, stating that a person does not suffer from the diseases or abnormalities enumerated in § 235 of this title shall, when it is shown that at the time the medical certificate was issued the said person was disqualified to contract marriage in accordance with the provisions hereof, be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than two hundred (200) nor more than five hundred (500) dollars, or by imprisonment in jail for not less than ninety (90) days nor more than six (6) months, or by both penalties, in the discretion of the court.
History —May 14, 1937, No. 133, p. 290, § 4, eff. 90 days after May 14, 1937.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 240 - Persons who suffer from diseases or developmental deficiencies—Penalty for issuance of marriage license without medical certificate; exceptions

Every registrar of vital statistics who issues a marriage certificate or license without first requiring the medical certificate shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred (100) nor more than five hundred (500) dollars, or by imprisonment in jail for not less than three (3) nor more than six (6) months, or by both penalties, in the discretion of the court; Provided, That the provisions of §§ 235-240 of this title shall not be applicable in cases of marriages celebrated in articulo mortis; or when the parties thereto, by means of an affidavit made free of charge before the registrar of vital statistics, for which said officer is hereby authorized, show that prior to the date on which this amendatory act shall take effect they have had or procreated between them one or more children who are living.
History —May 14, 1937, No. 133, p. 290, § 5; Apr. 11, 1939, No. 19, p. 330.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 241 - Consent—Not valid

Consent is not valid:
(1) When given to an abductor by the abducted before the latter has fully recovered her liberty.
(2) When obtained by violence or intimidation.
(3) When there is a mistake with respect to the person with whom marriage is to be contracted.
History —Civil Code, 1930, § 73; May 6, 1983, No. 27, p. 49.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 242 - Consent—Minors

Minors under twenty-one years shall require to contract marriage the consent of the persons under whose patria potestas they are; Provided, however, that in any case where a minor has neither father nor mother, and no tutor has been legally appointed, a District Court judge may upon application appoint a special guardian who shall have authority to give his consent to the marriage of such minor; Provided, further, that before making such appointment, the District Court judge shall satisfy himself that such minor is without the necessary means to secure the appointment of a tutor as otherwise provided by law; Provided, that such appointee shall be one of the immediate relatives of the minor where there are such available, and his appointment shall be entered in the sentence book of the court, and that all entries of said patria potestas in the register book kept for the purpose in the Court of First Instance shall be done away with.
Minors of both sexes who have attained eighteen (18) years of age do not need paternal, guardian or judicial authorization to contract marriage in those cases where it is proven that the betrothed woman has been raped, seduced or is pregnant.
History —Civil Code, 1930, § 74; June 30, 1975, No. 93, p. 287.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 243 - Authorization and celebration of marriage—Who may celebrate

All regularly licensed or ordained priests or other ministers of the Gospel, Jewish rabbis, and the judges of the Supreme Court, judges of the Appeals Court, judges of the Court of First Instance, the judges of the United States District Court for Puerto Rico, may celebrate the marriage rites between all persons legally authorized to marry.
History —Civil Code, 1930, § 75; July 18, 1996, No. 72, § 1; Jan. 5, 2000, No. 16, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 244 - Authorization and celebration of marriage—Application and examination; oaths

All persons desirous of contracting marriage shall apply to any of the persons authorized to perform it as per the preceding section. The person before whom application is made, shall examine the applicant under oath as to the legal capacity of the contracting parties. Such sworn declaration shall be reduced to writing, and must state the full name, age, civil status, profession or occupation, nature and domicile of each of the contracting parties, and of their respective parents, and the relation of consanguinity or affinity, if any there be, between the contracting parties, and should any of the parties have been previously married, it shall be so stated, as well as the manner of disolution, whether by death, annulment or divorce, with the full name of the former spouse, and the date and place where the death occurred, or the court resolving the annulment or divorce and the date of the resolution; as well as the names, age and address of each of the children of the former marriage, if there be any. The declaration shall be sworn to and signed by the applicant before the person to whom the application is made, and for that purpose the persons authorized by this title to celebrate marriages are hereby authorized to administer oaths to such applicants.
History —Civil Code, 1930, § 76.