Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

32 PERSONS
166 Either parent may confer on the other a mandate to
represent him in the exercise of legal tutorship.
With regard to third parties in good faith, this mandate
is presumed.
167 In the absence of a decision to the contrary, once the
court has restored to a parent his parental authority or any
attributes of that authority which have been withdrawn, that
parent recovers legal tutorship, even if dative tutorship has
already begun.
Section III
Dative tutorship
168 Dative tutorship to minors is conferred by the court, in
accordance with the Code of Civil Procedure, when:
1. both parents have died without appointing a testamentary
tutor, or they cannot exercise parental authority;
2. the parents have been deprived of parental authority;
3. the parents have seen their legal tutorship to the child's
property withdrawn.
169 Any interested person, including the Public Curator,
may apply by motion for commencement of dative tutorship;
he may submit the name of any person, or the names of
consorts living together, who are suited to act as tutor or tutors
and who agree to do so.
170 A dative tutor assumes office on the day he is appointed.