Civil Code, Article 383 — Spouse Preferred as Representative

What this article means

In appointing a representative, the spouse present is preferred where there is no legal separation. If the absentee left no spouse, or the spouse present is a minor, the court may appoint any competent person.

The preference for the present spouse applies only where the couple is not legally separated; a spouse who is legally separated from the absentee, even if otherwise available, loses that priority under this provision. The rule also covers two situations where the present spouse cannot serve: where the absentee left no spouse at all, and where the spouse who is present is a minor and therefore lacks capacity to administer property. In either case, the statute leaves the choice of a suitable representative to the court’s discretion, rather than naming a fixed next-in-line relative.

Questions about this provision

• Who does the court prefer to appoint as representative when one spouse has gone missing?

Related provisions

• Article 382 — Court Defines the Representative’s Powers.
• Article 384 — When Absence May Be Declared.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.