Subtopic 5 – Administration of Properties
Part 1 — Guardianship
Article 268:
(1) Guardianship of properties of children with incomplete capacity, in the first place, shall rest with
their father and, in the second place, with their full grandfather, provided that the father has not
appointed an executor.
(2) In this case, the guardian or the executor may not relinquish the administration of the properties
without permission of the competent court.
Article 269:
Guardian may exercise rights of guardianship when he has complete capacity to exercise the same
rights regarding his own properties.
Article 270:
In order for guardian to administer and supervise properties of the persons under his guardianship, he
may take actions according to provisions of this Law.
Article 271:
If a property is granted to person with incomplete capacity and it is stipulated that the mentioned
property must not be placed under guardianship of the guardian, such property shall be exceptionally
taken out of guardianship of the guardian.
Article 272:
Guardian may not grant properties of persons under his guardianship to any person without permission
of the competent court.
Article 273:
(1) Guardian may not, without permission of the competent court, take such action over the immovable
properties of persons under his guardianship that it is to the interest of himself, his wife, his
guardian or his relatives up to the fourth category.
(2) Guardian may not also mortgage immovable properties of the persons under his guardianship in
exchange for his own debt.
Article 274:
Father may not, without permission of the competent court, take actions over the immovable properties,
firm, financial bonds and documents and securities of persons under his guardianship that value more
than twenty thousand Afghanis. In such cases, the court shall refrain from issuing permission if the
father’s action over properties of persons under his guardianship will cause destruction of or damage
to more than one fifth of the price of the mentioned property.
Article 275:
If testator of a person with incomplete capacity makes a will that the guardian may not take action
over the bequest, the guardian may not take action over the mentioned properties without permission
and supervision of the competent court.
Article 276:
Guardian may not take the following possessory actions over properties of the persons under his
guardianship without permission of the competent court:
1 – To lend and borrow.
2 – To lease for a period that shall continue after the majority age
3 – To continue the business that belongs to the person with incomplete capacity
4 – To accept donation or will that requires certain undertakings
Article 277:
(1) When minor attains 16 years of age, the guardian may, with permission of the competent court,
give him access to a certain amount of money for doing business.
(2) Permission to do business, absolute or restricted, shall not extinguish with the death or removal of
the guardian.
Article 278:
Actions of authorized minor, within the limits of permission by the competent court, shall be considered
the same as actions of person who has attained the age of majority.
Article 279:
Father may conclude a contract under the name of the person under his guardianship on his own
account or that of another person, unless the Law has required the contrary.
Article 280:
Grandfather may not, without permission of the competent court, take action or make settlement over
properties of the person under his guardianship that results in loss or waive or decrease the sureties.
Article 281:
Guardian shall have to prepare a complete list of properties belonging to the person under his
guardianship, within two months since the commencement of guardianship or since the date the
person under guardianship has gained properties, and submit it to the relevant office of the competent
court.
Article 282:
Guardian may provide his own or another person’s alimony from the property of the person under his
guardianship, provided that their alimony has to be legally paid form this property.
Article 283:
As soon as the person under guardianship attains 18 years, guardianship of guardian shall end, unless
the competent court orders its continuation on the basis of one of the causes of incapacity.
Article 284:
If misadministration of guardian inflicts loss on properties of the person under guardianship, the court
may divest the guardian form guardianship or limit his powers.
Article 285:
If guardian is recognized as absent or is sentenced to more than one year imprisonment, the court shall
issue a verdict to suspend his guardianship.
Article 286:
If guardianship of the guardian is divested, limited or suspended according to Articles (284 and 285) of
this Law, the right of guardianship may be restored by the order of the competent court whenever the
causes of them are eliminated.
Article 287:
Father shall be responsible for damages, caused by his gross mistakes, to properties of the person under
his guardianship. Responsibility of grandfather in this respect shall be the same as that of executor.
Article 288:
Guardian or his heirs shall have to deliver properties of the person under guardianship to him as soon
as he attains the age of majority. And in case they have taken actions on properties, they shall have to
pay him the current price of the properties.