Cuando un menor o incapacitado no sujeto a patria potestad no tuviese tutor nombrado en testamento, se le proveerá de él a instancia de parte, acreditando ésta con declaración jurada el expresado extremo, así como cuál es la persona de las relacionadas en las secs. 701 a 709 del Título 31, según los casos, a quien le corresponda la tutela, o que carece de todas ellas.
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