Thailand Civil and Commercial Code Sections-1536-1598/41

TITLE II

PARENT AND CHILD

CHAPTER I

PARENTAGE

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Section 1536 A child born of a woman during wedlock or within three hundred and ten days after the termination of the marriage is presumed to be the legitimate child of the husband or the man who used to be the husband, as the case may be.

The provisions of paragraph one shall apply to a child born of a woman before the marriage has been announced void by the final judgment of the Court, or within three hundred and ten days as from the date of such final judgment.

Section 1537 In case where the woman had made the new marriage and gave birth (with birth certificate) to a child within three hundred and ten days as from the day of termination of the marriage, the child shall be presumed to be the legitimate child of the new husband, and no presumption under Section 1536 saying that the child is the legitimate child of the former husband shall apply; provided that there is a judgment pronouncing that the child is not the legitimate child of the new husband.

Section 1538 In case where the man or woman had made the marriage against Section 1452, a child born during such marriage shall be presumed to be the legitimate child of the husband who has last marriage entered into the Marriage Register.

In case where the woman had made the marriage against Section 1452, the presumption in Section 1536 shall apply; provided that there is a final judgment pronouncing that the child is not legitimate child of the husband who has the last marriage entered into the Marriage Register.

The provisions of paragraph one shall apply to the child born within three hundred and ten days from the date of the final judgment pronouncing the void of the marriage made against Section 1452.

Section 1539 In case where the child is presumed to be the legitimate child of the husband or the man who used to be the husband under Section 1536, Section 1537 or Section 1537 or Section 1537 or Section 1538, the husband or the man who used to be the husband may repudiate the child by entering an action in Court against the child and the mother jointly, and providing that he did not cohabit with the mother of the child during the period of conception, that is to say, the period extending from the one hundred and eightieth day to the three hundred and ten day inclusive, prior to the birth of the child, or that he could not have been the father of the child on other grounds of impossibility.

The action may be brought against only the child if at the time of entering the action the mother of the child is not alive. Where the child is not alive irrespective of whether the mother of the child is alive or not, the Court may be requested to declare that the child is not his legitimate child. In case where the mother of the child or the heir of the child is still alive, the Court shall send a copy of the request to the said person and may, if it thinks proper, send also a copy of the request to the Public Prosecutor for consideration of proceeding the case on behalf of the child.

Section 1540 (Repealed)

Section 1541 An action for repudiation of a child cannot be entered by the husband or the man used to be the husband if it appears that the latter causes to have the birth of the child entered in the Birth Register as his legitimate child or arranges or agrees to have it entered in the Birth Register.

Section 1542 An action for repudiation of a child shall be entered by the man who is or used to be the husband within one year after the birth of the child. In any case no such action can be entered later than ten years after the birth of the child.

In case where there is a judgment pronouncing that the child is not the legitimate child of the new husband under Section 1537 or of the husband in the last marriage under Section 1538, if the husband of the man who used to be the husband and is presumed by Section 1536 to be the father of the child, he shall enter the action within one year since the final judgment became known to him.

Section 1543 In case where the man being or used to be the husband who has entered an action for repudiation of the child, died before the case becoming final, a person who has the right of inheritance together with the child or a person whose right of inheritance would be deprived on account of the birth of the child, may file a motion to substitute himself or may be summoned to substitute for the deceased.

Section 1544 An action for repudiation of a child can be entered by a person who has the right of inheritance together with the child or by a person whose right of inheritance would be deprived on account of the birth of the child in the following cases:

1. the man who is or used to be the husband died before the expiration of the period within which the action could have been entered by him;
2. the child was born after the death of the man who is or used to be the husband. The action for repudiation of the child under (1) must be entered within six months since the death of the man being or having ever been the husband becoming known to that person. As regards the action for repudiation of the child under (2), it must be entered within six months since the birth of the child becoming known to that person. In any case no such action can be entered later than ten years after the birth of the child.

The provisions of Section 1539 shall apply to the entering of an action for repudiation of the child, mutatis mutandis.

Section 1545 The child may request the Public Prosecutor to enter an action under Section 1536 for repudiation to be legitimate child of the husband of his or her mother if it becomes known to the child that he or she is not an inherited child of the husband of the mother.

In entering the action under paragraph one, if it becomes known to the child before he or she becoming sui juris that he or she is not the legitimate child of the husband of his or her mother, no action can be entered by the Public Prosecutor after one year as from the date of his or her becoming sui juris. If it becomes known to the child after his or her becoming sui juris, no action can be entered by the Public Prosecutor later than one year since the day when the facts come to his or her knowledge.

Section 1546 The child born of the a woman who is not married to a man shall be deemed to be a legitimate child of such woman unless otherwise provided by law.

Section 1547 The child born of the parents who are not married to each other is legitimate by the subsequent marriage of the parents, or by the registration made on application by the father, or by a judgment of the Court.

Section 1548 When legitimation is applied for by the father, the child and the mother must give consent to the applicant.

In case where the child and the mother do not appear before the Registrar for giving the consent, the Registrar shall notify the child and the mother of the father’s application for registration. If the child or the mother raises no objection or does not give the consent within sixty days after the acceptance of the notification by the child or mother, it is presumed that the child or the mother does not give consent. The period of time shall be extended to one hundred and eighty days in case where the child or the mother has been outside Thailand.

In case where the child or the mother raises an objection that the applicant is not the father, or does not give the consent, or is unable to give the consent, the registration for legitimation must be effected by a judgment of the Court.

After the Court had pronounced a judgment effecting the registration of the legitimation and the judgment has been produced to the registrar for registration, the Registrar shall effect the registration.

Section 1549 When the registrar has notified the child and the mother of the application of legitimation under Section 1548, notwithstanding whether the child and the mother will object to the application under Section 1548 or not, the child or the mother may, within a period of not more than ninety days since the notification reached the child or mother, notify the Registrar to make a record that the applicant is not a suitable person for exercising partly or wholly the parental power.

Although the registration of legitimation under Section 1548 had been made, if there has been a notification of the child and the mother under paragraph one, the child’s father will not be able to exercise partly or wholly such parental power as had been notified by the child or the mother until the court will pronounce a judgment effecting the child’s father to exercise partly or wholly the parental power, or a period of ninety days had elapsed since the registrar was notified by the Child or the mother of the unsuitability on the party of the applicant for registration of legitimation to be the person unsuitable for exercising a part of the whole of the parental power.

In case the court pronounces a judgment that the applicant for registration of legitimation is not the suitable person for exercising a part or the whole of the parental power or be the guardian.

Section 1550 (Repealed)

Section 1551 In case where there is an objection to the applicant for registration of legitimation on account of not being the child’s father, if the applicant for registration of legitimation has brought an action to the court for a judgment effecting him to be the child’s father. The child or mother may apply to the court in the same case for an order to the effect that the applicant for registration of legitimation is not a suitable person for exercising a part or the whole of the parental power even though he is the real father of the child. In such case, the provisions of paragraph three of Section 1599 shall be applied mutatis mutandis.

Section 1552 In case the child has no mother or has mother but the latter has been deprived partly or wholly of her parental power and the other person has been appointed by the Court to be guardian partly or wholly before the registration of legitimation.

The father who causes the registration of legitimation having been entered may, if he thinks that for the benefit of the child, he should be the person exercising the parental power partly or wholly, apply to the court for an order effecting the deprivation of a part of the whole of guardianship from the guardian opinion of the court, exercise the parental power for bring about more happiness and interest to the child. The court may give an order effecting the deprivation of a part or the whole of guardianship from the guardian and making the father to be the person exercising the parental power.

Section 1553 (Repealed)

Section 1554 Any interested person may, within three months from the time when the registration of legitimation comes to his knowledge, apply to the court for cancellation of the registration on the ground that the person at whose instance the legitimation has been registered is not the father of the child. In any case, no such action may be entered after the lapse of ten years since the date of registration.

Section 1555 An action for legitimation may be entered only in the following cases:

1. Where there is a rape, abduction or illegal confinement of the mother during the period when conception could have taken place;
2. Where there has been elopement or seduction of the mother during the period where conception could have been taken place;
3. Where there is a document emanation from t he father and acknowledging the child as his own;
4. Where it appears in the birth register that the child is a son or daughter of the man who notified of the birth, or such notification was made with the knowledge of the man;
5. Where there has been open cohabitation of the father and the mother during the period where conception could have been taken place;
6. Where the father had sexual intercourse with the mother during the period when conception could have been taken, and there are grounds to believe that he or she is not the child of another man;
7. Where there has been a continuous common repute of being a legitimate child.

There status resulting from continuous common repute of being a legitimate child is established by means of facts showing the relationship of father and child, as evidenced by the child’s connection with the family to which he claims to belong, such as the fact that the father has provided the child’s education or maintenance, or that he has allowed the child to use his family name or other facts.

In any case, if the man is found unable to be a father, the case shall be dismissed.

Section 1556 The action for legitimation may be brought by the legal representative of the child if the child is a minor of not yet completed his fifteenth years of age. In case there is no legal representative or the legal representative cannot perform his duties, a closed relative or the public prosecutor may apply to the court for appointing a representative ad litem to bring the action on behalf of the child.

After attaining the age of fifteenth years old complete, the child has to bring the action himself and need not obtain consent of the legal representative.

After attaining the age of sui juris, the action has to be entered within one year from the day of becoming sui juris.

In case the child is dead during the time has right to bring an action for legitimation, his descendant may enter an action for legitimation. Should the descendant know the ground of the action for legitimation before the death of the child, the action would have to be entered by the former within one year from the death of the child should the ground of the action for legitimation become known to the descendant after the death of the child. However, the action would have to be entered within one year as from the day; the said ground came to his knowledge; provided that is cannot be entered after ten years have elapsed since the death of the child.

The provision of paragraph one and paragraph two shall apply to the action of legitimation entered by the minor descendant mutatis mutandis.

Section 1557 The legitimation under Section 1547 shall take effect since the child is born but, it does not set up the prejudice of the right of the third person doing in good faith since the child born to the marriage of the parents or the father has made registration of legitimation or the Court has passed a final judgment as the child.

Section 1558 The action for the legitimation of the deceased to have been entered within the period of prescription for the claim for an inheritance, if the court adjudges the child to be legitimate he is entitled to inheritance as a statutory heir.

In case the estate has been divided the provisions of this Code concerning Undue Enrichment shall be applied mutatis mutandis.

Section 1559 After registration of legitimation has been made, it cannot be revoked.

Section 1560 The child born during marriage is deemed to be legitimate, even though the marriage has been subsequently cancelled.

 

CHAPTER II

RIGHTS AND DUTIES OF PARENT AND CHILD

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Section 1561 The child has the right to use the family name of the father. In case the father is unknown, a child has the right to use the family name of the mother.

Section 1562 No person can enter an action, either civil or criminal, against his ascendants, unless the case is taken up by the Public Prosecutor upon application of such person or a close relative of such person.

Section 1563 Children are bound to maintain their parents.

Section 1564 The parents are bound to maintain their children and to provide proper education for them during their minority.

When the children are sui juris, parents are bound to maintain them only when they are infirm and unable to earn their living.

Section 1565 As regards the applications for maintenance of the children or for any other form of maintenances to be given to children, it may be taken up by the father or the mother except the case to be taken up by the Public Prosecutor according to Section 1562.

Section 1566 The child is subject to parental power as long as he is not sui juris.

The parental power is exercised by the father or the mother in any of the following cases;

1. the mother or the father is dead;
2. It is uncertain whether the mother or the father is living or dead;
3. the mother or the father has been adjudged incompetent or quasi-incompetent;
4. the mother or the father is placed in a hospital by reason of mental infirmity;
5. the parental power has been granted to the mother or the father by an order of the court;
6. the mother or the father have come to such agreement as provided by the law that it can be made.

Section 1567 A person exercising parental power (natural guardian) has the right:

1. to determine the child’s place of residence;
2. to punish the child in a reasonable manner for disciplinary purposes;
3. to require the child to do such work as may be reasonable to his ability and condition in life;
4. to demand the return of the child from any person who unlawfully detains him.

Section 1568 Where a person who already has a child marries another person the parental power over such child is exercised by the former person.

Section 1569 A person exercising parental power is the legal representative of the child. If the child is adjudged incompetent or quasi-incompetent, the person exercising parental power shall be the custodian or curator, as the case may be.

Section 1569/1. In case where the minor has been adjudged incompetent or quasi-incompetent and other person who is not the one exercising the parental power or the guardian has been appointed as the guardian by the order of the Court, such order shall effect the revocation of the person exercising the parental power or guardian, at the moment.

In case where the person being sui juris and having no spouse has been adjudged incompetent or quasi-incompetent, the parents or the father or the mother shall be the guardian or curator, as the case may be, unless the Court shall order otherwise.

Section 1570 Notifications made by or to the person exercising parental power according to Section 1566 or Section 1568 are deemed to notifications made by or to the child.

Section 1571 Parental power includes the management of the property of the child and such management shall be exercised with the same care as that of a person of ordinary prudence.

Section 1572 A person exercising parental power cannot, without the consent of the child, create an obligation the subject of which is personal to the child.

Section 1573 If the child has an income, it shall in the first place be used for his maintenance and education; any residue thereof shall be kept by the person exercising parental power and be returned to the child. But, if the person exercising parental power has no income sufficient for living to his condistion in life, that income may be expended in a reasonable measure by the person exercising parental power, unless it is an income derived from gift or legacy subject to the condition that it shall not be for the benefit of the person exercising parental power.

Section 1574 A person exercising parental power cannot enter into any of the following juristic acts with regard to the property of the minor except with permission of the Court;

1. selling, exchanging, sale with right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgage able movable property;
2. extinguishing the whole or a part of real right of the minor on immovable property;
3. creating servitude, right of inhabitation, right of superficies, usufruct or any charge on immovable property;
4. disposing of the whole or a part of the claim the purpose of which is to create real right on immovable property or on mortgage able property, or the claim the purpose of which is to have a real right on such property of the minor relieved;
5. letting immovable property for more than three years;
6. creating any commitments the purpose of which is to achieve the objective as provided in (1), (2) and (3);
7. making a loan of money;
8. making a gift, except out of the income of the minor on the minor’s behalf for charitable, social or moral purposes, and suitable to the minor’s condition in life;
9. accepting a gift subject to any condition or charge, or refusing a gift;
10. giving guarantee by any means whatsoever which may cause the minor to be compelled to perform an obligation or to enter into other juristic act, as requiring the minor to perform an obligation to other person or on behalf of other person;
11. making benefit out of the property other than those provided in Section 1598/4 (1), (2) or (3)
12. making a compromise;
13. submitting a dispute to arbitration.

Section 1575 Where in regard to any act, the interests of a person exercising parental power or the interests of a spouse or children of a person exercising parental power conflict with those of the minor, the former must obtain the permission of the court in order to perform such act, failing such act shall be void.

Section 1576 The interests of a person exercising parental power or the interests of a spouse or children of a person exercising parental power in Section 1575 shall include interest in the following businesses:

1. Interests in the business that the said person performs with an ordinary partnership of which that person is a partner.
2. Interests in the business that the said person performs with a limited partnership of which that person is a partner with unlimited liability.

Section 1577 A person may transfer by legacy or gift a property to a minor, subject to its being managed, up to the time of majority, by a person other than the person exercising parental power.

Such manager must be named by the transferor, in default, or by court and his management shall be subjected to Section 56, Section 57 and Section 60.

Section 1578 When parental power ceases as the minor is sui juris, the person who exercised parental power must hand over to the child for certification, without delay, the property so managed and render to him a written account thereof, and if there is any document relating thereto, it shall be handed over at the same time as the account.

If the parental power ceases other than those mentioned in paragraph one, the property, account and document relating to management of the property shall be handed over to the person exercising parental power, if any, or to the guardian, as the case may be, for certification.

Section 1579 In case where one spouse is dead and the other who has a child born within wedlock intends to make a new marriage, if the latter has possessed the property properly separated for the child, the property may be handed over to the child when the child can manage it, or the property may be kept and handed over to the child at the proper time. If it is the property specified in Section 456 or has a documentary title, the child’s name shall be entered in the document as the co-owner, and that the marriage cannot take place unless the aforesaid management has been completed.

If the is reasonable ground, the Court may give an order allowing the said spouse to make the marriage first. But the Court must specify in the order that the spouse must complete the separation or the property and a making of an inventory as provided in paragraph one within a specified period of time after the marriage.

In case the marriage is made in contravention of paragraph one, or in case the spouse does not comply with the order of the Court given under paragraph two, the Court may on its knowledge of the fact or on application of the minor’s relative or of the Public Prosecutor, give an order depriving the spouse of the parental power or directing any person to make the inventory and to have the child’s name entered as co-owner in the said document instead, and any expenses incurred thereby shall be borne by the spouse.

For the purpose of this Section, the adopted of the deceased spouse and of the living spouse shall be deemed to be a child borne of the spouse.

Section 1580 The minor having been sui juris, the person exercising the parental right or the guardian can make a certificate to the management of the minor’s property after the property, account and documents as provided in Section 1587 have been obtained.

Section 1581 An action relating to the management of property between the minor and the person exercising parental power cannot be entered later than one year from the rime of the cessation of the right of management.

If the parental power ceases while the child is a minor, the period mentioned in paragraph one is computed from the time when the child becomes sui juris or has a new legal representative.

Section 1582 When the person exercising parental power is adjudged incompetent or quasi-incompetent, or abuses his or her parental power as regards the child’s person, or is guilty of gross misconduct, the Court may, of its own motion or on the application of a close relative of the child or of the Public Prosecutor, order the deprivation of the parental power either partly or wholly.

If the person exercising parental power is bankrupt or likely to endanger the minor’s property by mismanagement, the Court may, the same proceedings as mentioned in the paragraph one, order the deprivation of the right of management.

Section 1583 If the causes mentioned in the forgoing Section have ceased to exist, a person who has been partly or wholly deprived of parental power may recover it by permission of the Court on application made by him or by a relative of the minor.

Section 1584 A person who has been deprived partly or wholly of parental power is not thereby relieved from the duty to furnish maintenance to the minor according to law.

Section 1584/1 The father or mother would be entitled to contact his or her child, as may be suitable to the circumstances, irrespective of whether who is the person exercising the parental power or the guardian.

 

PART III

GUARDIANSHIP

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Section 1585 A person who is not sui juris and has no parents, or whose parents are deprived of their parental power, may be provided with a guardian during minority.

In case where the person exercising the parental power has been deprived of a part of the parental power under paragraph one of Section 1582, the Court may appoint a guardian to exercise the part of the parental power, or may, in case of the deprivation of the right of management from the person exercising the parental power having been effected under paragraph two of Section 1582, appoint the guardian for management of the property.

Section 1586 The guardian under Section 1585 shall be appointed by the order of the Court on application of a relative of the minor, the Public Prosecutor or of the person whose name has been specified in the will by the last surviving parent.

Subject to Section 1590, the Court shall, in case there is a testamentary disposition on the appointment of a guardian, appoint the guardian accordingly unless the will is not effective or the person specified in the will is prohibited to be guardian under Section 1587.

Section 1587 Any person sui juris may be appointed a guardian, except the following:

1. person adjudged incompetent or quasi-incompetent;
2. person who is bankrupt;
3. person who is unfit to take charge of the person or property of the minor;
4. person having or having had a lawsuit against the minor, ascendants or brothers and sisters of full blood or brothers and sisters of half-blood of the minor;
5. person having been excluded by name in writing from guardianship by the deceased parent.

Section 1588 If it appears that the person appointed as the guardian by the Court is at the time of appointment a prohibited person under Section 1587, the Court shall, upon the Court’s own knowledge or on application of an interested person or of the Public Prosecutor, revoke the order of appointment of that person and shall give such order concerning the guardian as the Court thinks fit.

The revocation of the order of appointment of the guardian under paragraph one does not affect the right of the third person acting in good faith unless in the case of revocation of the order of appointment the prohibited person under Section 1587 (1) or (2), the act done by the guardian are not binding the minor whether the third person acted in good faith or not.

Section 1589 (Repealed)

Section 1590 There can be only one guardian at the time; however, in case where there is a testamentary disposition directing that several guardians be appointed or there is an application by the person with proper reasons, several guardians may be appointed as the Court considers necessary. In case several guardians are appointed, the Court may order the guardians to act either jointly or in accordance with the power specially conferred upon each of them.

Section 1591 The status of guardian commences from the day when the notification of his appointment by the Court is know to him.

Section 1592 The guardian must without delay make an inventory of the ward’s property within three months from the date when the appointment by the Court is known to him, but this period of time may be extended on application made by the guardian to the Court before the expiration of the three months.

The inventory shall be made in presence of at least two witnesses who must be sui juris and be relatives of the ward, but if no relative can be found, other persons may be witnesses thereto.

Section 1593 Within ten days after the completion of the inventory, the guardian shall submit one certified copy thereof to the Court, and the Court may require him to give supplementary information or to produce documents in order to show that the inventory is correct.

If the Court does not give an order otherwise within fifteen days after delivery of the inventory or the day of producing of supplementary information or documents, as the case may be, the inventory is deemed acceptable by the Court.

Section 1594 If the guardian does not comply with the provisions concerning the making of the inventory or the submission of a complete and correct inventory as described in Section 1592 or Section 1593, or does not comply with the order of the Court given under Section 1593, or the Court is dissatisfied with such inventory on the grounds of gross negligence, dishonesty or obvious inefficiency of the guardian, the Court may discharge the guardian.

Section 1595 Before the inventory has been Section 1595. Before the inventory has been accepted by the Court, a guardian may do nothing but urgent necessary acts, but such acts cannot be set up against third persons acting in good faith and for value.

Section 1596 If an obligation exist in favour of the guardian against the ward or in favour of the ward against the guardian, the guardian must give notice thereof to the Court before commencing the inventory.

If the guardian knows that an obligation exists in his favour against the ward and does not give notice thereof to the Court, such obligation is extinguished.

If the guardian knows that an obligation exists against him in favour of the ward and does not give notice thereof to the Court, the Court may discharge him.

Section 1597 The Court may, of its own motion or on application of any interested person or of the Public Prosecutor, order a guardian

1. To furnish proper security for the management as well as for the return of the ward’s property
2. To give information as to the condition of the ward’s property.

Section 1598 Where, during the guardianship the ward acquires a valuable property by succession or gift, Section 1592 to Section 1597 shall apply mutatis mutandis.

Section 1598/1 The guardian shall render account to the Court concerning the property once a year as from the day when he becomes guardian. However, the Court may, after the account of the first year has been rendered, order that the account be rendered at a longer interval than one year.

Section 1598/2 The guardian has the same rights and duties as a person exercising parental power as provided in Section 1564 paragraph one and Section 1567.

Section 1598/3 A guardian is the legal representative of the ward, Section 1570, Section 1571, Section 1572, Section 1574, Section 1575, Section 1576 and 1577 shall apply to the guardian and ward mutatis mutandis.

Section 1598/4 A guardian may dispose only of such part of the income of the ward as is necessary for the maintenance and education of the latter, The residue shall be invested only;

1. in bonds issued by the Thai Government or in bonds guaranteed by the Thai Government;
2. in taking sale with the right of redemption or in mortgage of immovable property of first rank, the amount of which must not exceed half of the market value of such property;
3. in fixed deposit in a bank established by law or authorized to carry in business in the Kingdom;
4. in any other investment which may specially authorized by the Court.

Section 1598/5 After the ward has reached discretion and his age is not less than fifteen years complete, the guardian must, in all important transactions, consult him first, so far as it is possible to do so. The fact that the ward has give consent does not exonerate the guardian from liability.

Section 1598/6 Guardianship is terminated by death of the ward or by the ward becoming sui juris.

Section 1598/7 The functions of the guardian are terminated when the guardian

1. is death;
2. resigns by permission of the Court;
3. becomes incompetent or quasi-incompetent;
4. becomes bankrupt;
5. is revoked by the order of the Court.

Section 1598/ 8 The guardian shall be discharged by the Court on the following grounds:

1. The guardian fails to perform his duties;
2. The guardian is guilty of gross negligence in performing his duties;
3. The guardian abuses his functions;
4. The guardian is guilty of such misconduct as to make unworthy of the post;
5. The guardian is so inefficient in his duties that the ward’s interest is likely to be imperiled;
6. There as an occurrence as provided in Sections 1587 (3), (4) or (5).

Section 1598/9 An application for discharge of a guardian under Section 1598/8 may be made by the ward himself if his age is not less than fifteen years complete or by a relative of the ward or by the Public Prosecutor.

Section 1598/10 When an application for the discharge of a guardian is pending in Court, the Court may appoint in his stead a temporary manager of the property of the ward.

Section 1598/11 When the guardian or the functions of the guardian are terminated, the guardian or his heir must without delay hand over to the ward, his heir or the new guardian the property managed; and, within six months, he must render an account of management, and if there is any document relating thereto, it shall be handed over at the same time as the account, but this period of time may be extended by the Court on application of the guardian or his heir.

Section 1580 and Section 1581 shall apply mutatis mutandis.

Section 1598/12 Interest shall be paid on the amount of money which either the guardian or the ward has to repay to the other, from the time when the account of guardianship is delivered.

If the guardian has disposed of the ward’s money otherwise that for the benefit of the latter, he shall pay interest thereon from the day when he disposed of such money.

Section 1598/13 The ward has preferential right over the whole property of the guardian for the performance of the obligation due to him.

This preferential right shall rank as (6) after the other general preferential rights specified in Section 253 of this Code.

Section 1598/14 A guardian is not entitled to receive remuneration, except in the following cases:

1. it is provided in the will that the guardian is entitled to the remuneration, in which case the guardian shall receive the remuneration at such amount as provided in the will;
2. in case no remuneration is provided in the will, but there is no restriction as to the guardian to receive the remuneration, the guardian may apply subsequently to the Court for determining the remuneration, and the Court may or may not determine it;
3. in case no appointment of the guardian is provided in the will and there is no restriction as to the guardian to receive the remuneration, the remuneration of the guardian may be determined by the Court in the order appointing the guardian, or, if not being determined, the guardian may apply subsequently to the Court for having it determined, and the Court may or may not determine it.

In determining the remuneration, the Court shall take the circumstances, income and condition of life of the guardian in consideration.

If the guardian or the ward can prove that the circumstances, income or condition in life of the guardian or of the ward has changed after the commencement of the guardianship, the Court may give an order effecting the payment, suspension, reduction, increase or recovery of payment of the remuneration, as the case may be; and, this shall also apply to the case where there are provisions in the will restricting the guardian to receive remuneration.

Section 1598/15 If the Court adjudges the husband or wife incompetent and makes the wife or the husband guardian, the provisions concerning the right and duty of the person exercising parental power shall apply mutatis mutandis, except the right under Section 1567 (2) and (3).

Section 1598/16 The spouse who is the guardian of the other spouse having been adjudged incompetent by the Court has the power to manage the Separate Property  (personal property) of the latter and has the power to manage solely Marriage Portion(common marital property). But management of Separate Property and Marriage Portion as specified in paragraph one of Section 1476 cannot be made by that spouse except with the permission of the Court.

Section 1598/17 Where the husband or wife has been adjudged incompetent and the other spouse has been considered not proper to be the custodian and whereby his or her father or mother or an outsider had to be appointed the custodian, the custodian shall, in this case, be a joint manager of the Marriage Portion with the other spouse, but the Court may order otherwise, if there are vital circumstances with may endanger the incapacitated person.

However, the other spouse has the right to apply to the Court for an order dividing the Marriage Portion if there exists circumstances as provided in paragraph one.

Section 1598/18 In case where the parents are the guardian of the child who is not sui juris the provisions concerning power and duties of the person exercising parental power shall apply mutatis mutandis. But, if the child become sui juris, the provisions concerning power and duties of the guardian shall apply mutatis mutandis, except the right under Section 1567 (2) and (3).

 

CHAPTER IV

ADOPTION

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Section 1598/19 A person who is not less than twenty-five years old may adopt another, provided he is at least fifteen years older than the adopted person.

Section 1598/20 If the person to be adopted is not less than fifteen years of age, the adoption can take place only with the consent of the adopted person.

Section 1598/21 If the person to be adopted is the minor, the adoption can take place only with the consent of his parents, but if one of his parents died or has been deprived of his or her parental powers, consent thereto has to be given by his father or mother who has parental power.

If there is no person to give consent under paragraph one or the father or mother, or parents cannot express his or her consent thereto or refuses to give his or her consent, and the refusal has been made unreasonably and has adversely affected the health, progress and welfare of the minor, the mother or father, the person intending to be the adopter or the Public Prosecutor may apply to the Court for an order allowing the adoption in lieu of giving consent thereto under paragraph one.

Section 1598/22 In case the minor to be adopted has been deserted and been under supervision of an institution for child welfare under the law on child welfare and protection, the institution shall give consent on behalf of his parents. If the institution refuses to give such consent, the provisions of paragraph two of Section 1598/21 shall apply, mutatis mutandis.

Section 1598/23 In case the minor to be adopted has not been deserted but has been under supervision of an institution for child welfare under the law on child welfare and protection, the parents or one of the parents, in case the other died or whose parental power has been deprived, may make a letter of power entrusting the said institution to give consent to the adoption, and the provisions of Section 1598/22 shall apply, mutatis mutandis.

The letter of power under paragraph one cannot be revoked as long as the minor is supported and maintained by that institution.

Section 1598/24 The person who has the power to give consent to the adoption on behalf of the institution under Section 1598/22 or Section 1598/23 may adopt the minor being under supervision and support of the institution as his own adopted child if the Court has granted the application made by the said person in lieu of giving consent thereto by the institution.

Section 1598/25 A married person who is to adopt or is to be adopted, must obtain consent of his or her spouse. If his or her spouse cannot express the consent or has left the domicile or residence and no news of him has ever been received for not less than one year, the application for the Court’s permission in lieu of the consent by the spouse must be made.

Section 1598/26 A minor who is an adopted child of any person cannot concurrently be an adopted of another person except an adopted of the spouse of the adopter.
If one spouse will adopt the minor who has already been the adopted child of the other as his or her adopted child, the consent thereto must be obtained from the latter, and Section 1598/21 shall not apply.

Section 1598/27 Adoption is valid upon registration being effected according to law. If the person to be adopted is a minor, it has to comply firstly with the law on the adoption of the child.

Section 1598/28 An adopted child acquires the status of a legitimate child of the adopter, but none of his rights and duties in the family to which he belongs by birth are prejudiced thereby. In such, the natural parent loses parental power, if any, from the time when the child is adopted.

The provisions of Title 2 (Title II ‘Parent and Child’ starting with Section 1536, Chapter I ‘Parentage’) of this book shall apply mutatis mutandis.

Section 1598/29 Adoption does not creates to the adopter the right of a statutory heir to the inheritance of the adopted.

Section 1598/30 If the adopted dies without a spouse or descendant before the adopter, the adopter is entitled to claim from the estate of the adopted the properties which were given to the adopted by the adopter and which still exist in kind after the liquidation of the estate.

No action for claiming the right under paragraph one shall be entered later that one year as from the day when the adopter has known or ought to have known the death of the adopted, or later than ten years as from the death of the adopted.

Section 1598/31 If the adopted has become sui juris, the dissolution of adoption may be made at any time by mutual consent of the adopted.

If the adopted is not yet sui juris the dissolution of adoption shall take place after the consent of the parents has been obtained, and Section 1598/20 and Section 1598/21 shall apply mutatis mutandis.

In case where the adoption has been effected under paragraph two of Section 1598/21, Section 1598/22, Section 1598/24 or paragraph two of Section 1598/26, if the adopted is not yet sui juris, the dissolution of adoption shall be effected only by the order of the Court upon application of an interested person or of the Public Prosecutor.

The dissolution is valid only upon registration being effected according to law.

Section 1598/32 The adoption will become dissolved if the marriage is made in contravention of Section 1451 (section 1451: An adopter cannot marry the adopted).

Section 1598/33 As regards action for dissolution of adoption:

1. if one party is guilty of serious misconduct whether it be a criminal offence or not, which causes the other very much ashamed or being hated, or sustaining excessive injury or trouble, the latter may claim dissolution
2. if one party has seriously insulted or held in serious contempt the other or his ascendants, the latter may claim dissolution, and if the said commission has been done against the spouse of the adopter by the adopted, the adopter may claim dissolution;
3. if one party has committed any act of violence against the other, his ascendants or his spouse which causes grave danger to the body or mind and constitutes offence criminally punishable, the latter may claim dissolution;
4. if one party does not maintain the other, the latter may claim dissolution;
5. if one party has willfully deserted the other for more than one year, the latter may claim dissolution;
6. if one party has been sentenced to imprisonment exceeding three years, except an offence committed through negligence, the other may claim dissolution;
7. if the adopter fails to comply with his parental duties and such failure constitutes a wrongful act or non-compliance with Section 1564, Section 1571, Section 1573, Section 1574 or Section 1575 which caused or would have caused serious injury to the adopted, the adopted may claim dissolution;
8. if the adopter has been deprived partly or wholly of his parental power, and the grounds for such deprivation bears circumstantial evidence showing that the adopter is not the proper person to be adopter further, the adopted may claim dissolution;
9. (Repealed)

Section 1598/34 No action for dissolution of adoption shall be entered later than one year from the day when the claimant has known or ought to have known of the fact constituting the ground for dissolution, or later that ten years from the time of the occurrence of such fact.

Section 1598/35 If the adopted is under fifteen years old, the action for dissolution of adoption shall be entered on his or her behalf by the inborn parents. As regards the adopted being more than fifteen years old, he or she can enter the action without having to obtain consent from any person.

The Public Prosecutor may, in case under paragraph one, enter the action on behalf of the adopted.

Section 1598/36 Dissolution pronounced by the Court takes effect on and from the time when the judgment becomes final. However, it may not be set up to the prejudice of the rights of third persons acting in good faith unless it has been registered.

Section 1598/37 Upon death of a child adopter or a dissolution of a child adoption, the natural parents shall, in the case of the adopted child not yet becoming sui juris, recover the parental power from the date of the death of the child adopter or from the date of the child adoption dissolution registration under Section 1598/1 or from the date on which the final judgment affecting such child adoption dissolution has been pronounced by the Court unless the Court has otherwise expediently decided.

In case where a guardian of an adopted child has been appointed prior to the death of a child adopter or prior to the child adoption dissolution, such guardian’s existing power and duties shall continue unless the child’s natural parents have otherwise petitioned the Court and that the Court has issued an order restoring the parental power upon such petitioners.

A change in the person exercising the parental power under paragraph one or the guardian under paragraph two above shall not prejudice the rights of the third person acquired in good faith prior to the child adoption registration dissolution.

The Public Prosecutor shall be the person empowered to submit a petition to the Court in order to have the Court issue an order otherwise in accordance with paragraph one above.

 

TITLE III

MAINTENANCE

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Section 1598/38 Maintenance may be claimed between husband and wife or parent and child when the party entitled to maintenance has not been furnished with the maintenance or has been furnished with the maintenance insufficient to his condition in life. How much and to what extend the maintenance would be granted or not will be decided by the Court, by taking account of the ability of the person bound to furnish the maintenance, the condition in life of the receiver and the circumstances of the case.

Section 1598/39 When any interested person can show that there has been a change in circumstances or in the means or condition in life of the parties, the Court may make alteration of the maintenance by cancelling, reducing, increasing or re-establishing the amount of maintenance.

In case the Court gives an order not granting the maintenance only on account of one party not being in the position to furnish the maintenance at the moment, the Court may be requested to alter its order given in that case if the circumstances, means or conditions on life of the other have changed and the claimant, after having taken account of the circumstances, his means and condition in life, should be furnished with the maintenance.

Section 1598/40 Maintenance shall be furnished by periodical payments in money unless the parties agree to pay otherwise or in some other manners. However, in absence of such agreement and for special reason, the Court may, upon application of any party and it is deemed proper, determine the maintenance to be furnished otherwise or in some other manners and whether the payment to be made in money.

In case of claim for maintenance of a child, if there are special reasons and deemed proper, the Court may determine the maintenance to be furnished by any means other than those agreed by the parties, or other than what has been applied for by any party such as to send the child to an educational or vocational institution and the expenses incurred thereby are to be borne by the person bound to furnish the maintenance.

Section 1598/41 The right to maintenance cannot be renounced, attached or transferred and is not subject to execution.

 

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