Chapter II — OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

Section 39Transfer where third person is entitled to maintenance

Section 39: Transfer where third person is entitled to maintenance

39. Transfer where third person is entitled to maintenance

Where a third person has a right to receive maintenance, or a provision for advancement or marriage, from the profits of immoveable property, and such property is transferred *** the right may be enforced against the transferee, if he has notice [thereof] or if the transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor against such property in his hands.

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Amendment notes (3)
  1. omitted . The words "with the intention of defeating such right" omitted by Act 20 of 1929, s. 11.
  2. Subs . Subs. by s. 11, ibid., for "of such intention".
  3. omitted . The Illustrations omitted by Act 20 of 1929, s. 11.