Section 1484: If either spouse is acting as the manager of Sin Somros and:
(1) Causes undue loss to it;
(2) Fails to assist the other spouse;
(3) Becomes insolvent or incurs debts to an amount above one half of the Sin Somros;
(4) Inhibits in management of Sin Somros by the other spouse without reasonable grounds;
(5) Is discovered to have circumstances that will ruin the Sin Somros;
The other spouse may apply with the Court to issue an order authorizing him or her to be the sole manager or dividing the Sin Somros.
If an application is made under paragraph one, the Court may determine temporary protective measures in the management of Sin Somros. If it is a case of emergency, the provisions on the request in case of emergency under the Civil Procedure Code will apply.
Section 1484/1: In a situation where there has been an order of the Court forbidding or limiting the power of either spouse to manage the Sin Somros, if the cause which served as ground for the Court order or the circumstances have later changed, either spouse may apply to the court for revocation or change of the order forbidding or limiting the power to manage the Sin Somros. The Court in this effect can issue any order which is deemed suitable.
Section 1485: The husband or wife may submit an application to the Court in order to authorize him or her to be the manager of any specific Sin Somros or to participate in the management, if such management or participation will bring about more benefit.
Section 1486: When the Court has provided a final judgment or given an order under Section 1482 paragraph two, Section 1483, Section 1484, Section 1484/1 or Section 1485 in favour of the applicant, or Section 1491, Section 1492/1 or Section 1598/17, or either spouse has been relieved of becoming bankrupt, the Court will notify the marriage Registrar of the matter in order to have in entered in the Marriage Register.
Section1487: No spouse can seize or attach any property of the other during the marriage, with an exception being the seizure or attachment made in the case which has been entered for the purpose of exercising his or her duty or for maintaining rights between husband and wife as specially provided in this Code or as specially provided by this Code allowing one spouse to sue the other, or for allowances due for maintenance and costs under the judgment of the Court.
Section 1488: Where either husband or wife is personally liable to carry out an obligation incurred before or during the marriage, such as performance shall be first made out of his or her Sin Suan Tua; if the obligation is not carried out in full, it shall be satisfied out of his or her portion of the Sin Somros.
Section 1489: Where both spouses are common debtors, the obligation will be carried out from the Sin Somros and the Sin Suan Tua of both spouses.
Section 1490: Debts that both spouses are jointly liable to perform, shall include the following debts incurred by either spouse during marriage:
- Debts incurred in relation to management of household affairs and arranging for necessaries of the family, or for maintenance, medical expenses of the household and for proper education of the children;
- Debts incurred in connection with the Sin Somros;
- Debts incurred in connection with a business in common carried on by the spouses;
- Debts incurred by either spouse only for his or her own benefit but ratified by the other.
Section 1491: If either spouse is adjudged bankrupt, the Sin Somros is to be divided according to law as from the date of adjudication.
Section 1492: After the Sin Somros has been divided under Section 1484 paragraph two, Section 1491 or Section 1598/17 paragraph two, the portion so divided becomes Sin Suan Tua of each spouse. Any property gained after the division by either spouse shall be Sin Suan Tua of that spouse and not be regarded as Sin Somros. And the property obtained thereafter by the spouse through a will or gift made in writing under Section 1474 (2) shall become Sin Suan Tua of the husband and wife equally.
Fruits of the Sin Suan Tua obtained after the division of the Sin Somros shall be Sin Suan Tua.
Section 1492/1: In case the division of the Sin Somros is required by order of the Court, the revocation of the division shall be made upon the request of either spouse and the Court has issued the order to that effect. If either spouse raises an objection to such request, the Court can not give an order for the revocation o f the division of the Sin Somros unless the cause for division of the Sin Somros has ceased to exist.
After the division of the Sin Somros under paragraph one having been revoked, or suspended due to the husband or wife having been relieved from being bankrupt, the property which is the Sin Suan Tua on the date of the Court order, or on the date of his or her relieving from bankruptcy, shall remain the same as Sin Suan Tua.
Section 1493: In a case where the Sin Somros has been terminated, both spouses are liable to pay for the household expenses in proportion to the amount of their respective Sin Suan Tua.
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Related Documents:
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