Absence of the nearest guardian 35. Where the nearest guardian is absent, and in waiting for his opinion there is loss of interest in the marriage, guardianship shall be transferred to the one who follows him. Lapse of guardianship 36. Where the guardian forsakes maintenance of his ward for a full one year, without excuse, together with its being Sharia binding thereon, his guardianship thereof shall lapse. Judge undertaking marriage 37.(1) Where the guardian refrain from marriage of his ward, she may apply to the judge to marry her. (2) The judge may permit the marriage of whoever may have applied for marriage; it is proved therefor that her guardian refrains from marriage, without justification. Guardianship of the Judge 38. The Judge is the guardian of whoever has no guardian. Limits of the judge guardianship 39. The judge shall not marry whoever he has guardianship thereon, to himself, to the ascendant or descendent thereof. Marriage of an insane, imbecile and distinguishing child 40.(1) Shall not be concluded marriage of an insane, imbecile or distinguishing child, save by his guardian after appearance of a probable interest. (2) Distinguishing shall be by attaining the age of ten years. (3) A guardian of a distinguishing girl shall not conclude her marriage contract, without the judge permission, for a probable interest; on the condition of fitness of the husband and dowry of the like. Marriage of an interdicted for dissipation 41. There may be valid marriage of interdict for dissipation; provided that the dowry shall be appropriate to his financial condition. General provisions 42. (1) Spouses are upon their conditions, save a condition, permitting a prohibited, or prohibiting a permitted thing. (2) Where the contract is coupled with a condition inconsistent with its objective, or aims, the condition shall be void, and the contract shall be valid, other than the condition of temporariness, which avoids the contract. (3) No condition shall count, save where it is expressly provided therefor by the condition marriage contract. Chapter VI Provisions of Trousseau and House Effects Definition of house effects 43. House effects are what is present in the marriage place of abode, such as furniture, dresses, jewelries and utensils likewise including animals. Trousseau 44.(1) The husband is bound to prepare the trousseau for the house of marriage. Where the wife prepares some thereof, the same shall be her property. (2) The husband may benefit by the trousseau owned by the wife, if the marriage subsists; who he damages the same by trespass, shall indemnify. Adult woman trousseau by delivery 45. An adult woman shall acquire, by delivery, such trousseau, as her father may have equipped her therewith while he is healthy. Where he equips her while he is in death-bed she shall not acquire the same, save by ratification of the heirs. Trousseau of a minor girl 46. A minor girl shall acquire such trousseau, as her father may have equipped her therewith, merely by purchase thereof, even though she does not receive the same. The father equipping his daughter with trousseau 47. Where the father equips his daughter and hands her with her trousseau to the husband, then he alleges, or his heirs allege that what he has delivered to her, or part thereof is a loan; and she alleges, or her heirs allege that the same is vesting into her, the custom of the town shall be considered, where 5