Article 1435. The engagement cannot take place until the man and the woman have completed their seventeenth year.
Engagements contrary to the provision of the first paragraph are null.
Article 1436. If a minor enters into an engagement, the consent of the following persons is necessary:
The engagement entered into by the minor without this consent is voidable.
Article 1437. Betrothal is not valid until the man has given or transferred the property which is the Khongman to the woman to prove that the woman is betrothed.
The Khongman becomes the wife's property after the engagement.
Sinsod is property given by the man to the parents, adopter or guardian of the woman, as the case may be, in exchange for the woman's acceptance of marriage . If the marriage does not take place, mainly because of the woman or because of any circumstance which makes the woman responsible and makes the marriage inappropriate for the man or makes the man unable to marry this woman, the man can claim restitution from Sinsod .
The provisions of articles 412 to 418 of this code relating to undue enrichment apply mutatis mutandis to the restitution of Khongman or Sinsod under this chapter.
Article 1438. Engagement does not give rise to an action for the forced execution of the marriage. An agreement providing for the payment of a penalty in the event of a breach of the engagement agreement is void.
Article 1439. After the betrothal, if one of the parties violates the betrothal agreement, he is bound to pay compensation. If the woman violates the betrothal agreement, the Khongman is also returned to the man.
Article 1440. Compensation may be claimed as follows:
If the woman is entitled to compensation, the court may decide that the Khongman that has become her property constitutes all or part of the compensation she will receive, or the court may order the payment of compensation regardless of the Khongman become the property of the woman.
Article 1441. When one of the fiancés dies before the marriage, there is no claim for compensation. As for the Khongman or the Sinsod , it need not be returned by the wife or on the part of the wife, regardless of the death of either party.
Article 1442. In the event of an essential event occurring to the betrothed woman and rendering the marriage with her inappropriate, the man has the right to renounce the engagement agreement and the woman must return the Khongman to the man.
Section 1443. If a material event occurring to the betrothed man makes marriage to the man inappropriate, the woman has the right to opt out of the betrothal agreement and the Khongman need not be returned to the man.
Article 1444. If the reason that prompts one of the fiancés to renounce the engagement agreement is a serious fault committed by the other after the conclusion of the engagement, the fiancé who committed the serious fault is bound to compensate the another who has exercised their right to waive the engagement agreement as if the first had committed a breach of the engagement agreement.
Section 1445. A man betrothed to a woman may, after renunciation of the betrothal agreement under Article 1442, seek redress from any man who had sexual intercourse with the woman and who knew or should have known of her engagement.
Article 1446. An engaged man may, without it being necessary for him to renounce the betrothal agreement, seek reparation from any man who has had sexual intercourse or attempted to have intercourse with the woman against his will, and of whom he knew or should have known the fact that the woman was engaged.
Article 1447. The Court shall determine the indemnity claimed under this chapter according to the circumstances.
The claim referred to in this chapter, with the exception of that referred to in Article 1440, paragraph 2, may only be transmitted or inherited if it has been acknowledged in writing or if the action for damages has been brought by the person wronged.
Section 1447/1. The action for reparation provided for in article 1439 is prescribed by six months from the date of the breakdown of the engagement.
The claim for compensation referred to in article 1444 is time-barred six months from the day on which the serious fault at the origin of the renunciation of the engagement is known or should have been known to the other fiancé, but at the latest by five years from the date of the fault in question.
The request for compensation provided for in articles 1445 and 1446 is prescribed by six months from the day on which the engaged man knows or should have known of the fault committed by another man who is at the origin of the request and where the person liable to pay compensation is known, but no later than five years from the date of the fault in question.
Section 1447/2. The statute of limitations for the Khongman 's claim for restitution under Section 1439 is six months from the date of the breach of the engagement agreement.
The statute of limitations for the return of the Khongman under Section 1442 is six months from the date of termination of the engagement agreement.
Article 1448. Marriage cannot take place until the man and the woman have reached the age of seventeen. But the court may, for appropriate reasons, allow them to marry before they reach that age.
Article 1449. A marriage cannot take place if the man or the woman is insane or deemed incompetent.
Article 1450. A marriage cannot take place if the man and the woman are related by blood in a direct ascending or descending line, or if they are full or half-blood brothers or sisters. This relationship is consistent with the blood relationship, regardless of its legitimacy.
Article 1451. The adopter cannot marry the adoptee.
Article 1452. Marriage cannot take place if the man or woman is already the spouse of another person.
Section 1453. In the case of a woman whose husband is deceased or whose marriage has broken down, the marriage cannot take place unless at least three hundred and ten days have elapsed since the breakdown of her previous marriage, unless
Article 1454. In the event of the marriage of a minor, the provisions of article 1436 apply mutatis mutandis.
Article 1455. Consent to marriage may be given:
The consent given cannot be revoked.
Article 1456. If no person has the power to give his consent in accordance with article 1454, or if the person refuses to give his consent or is unable to do so, or if the minor cannot, in these circumstances, ask for his consent, the minor can file a petition with the court to give his consent to the marriage.
Article 1457. Under this code, marriage can only be celebrated after it has been registered.
Section 1458. A marriage can only take place if the man and the woman agree to take each other as husband and wife, and this agreement must be declared publicly before the registrar so that it can be registered by the latter.
Article 1459. A marriage abroad between Thais or between a Thai and a foreigner may be performed in the form prescribed by Thai law or by the law of the country where it takes place.
If the spouses want the marriage to be registered under Thai law, the registration is done by a Thai diplomatic or consular officer.
Article 1460. In the event of special circumstances preventing the registration of the marriage by the civil registrar because the man and the woman, or both, are in imminent danger of death or in a state of armed conflict or war , if a declaration of intention to marry has been made by the man and the woman before a person sui juris living there, who has noted such intention as proof, and if the registration of the marriage between the man and the woman is carried out by a Thai civil registrar or a Thai diplomatic or consular official, and if the registration of the marriage between the man and the woman has subsequently been carried out within ninety days from the date of the first possible opportunity to apply for registration of marriage by producing proof of intention so that the date and place of the declaration of intention to marry and the particular circumstances are recorded by the registrar in the marriage register, the day on which the declaration of intention to marry was made to the said person is considered the date of registration of the marriage.
The provisions of this section do not apply to a marriage which is void if it takes place on the date of the declaration of intention.
Article 1448. Marriage cannot take place until the man and the woman have reached the age of seventeen. But the court may, for appropriate reasons, allow them to marry before they reach that age.
Article 1449. A marriage cannot take place if the man or the woman is insane or deemed incompetent.
Article 1450. A marriage cannot take place if the man and the woman are related by blood in a direct ascending or descending line, or if they are full or half-blood brothers or sisters. This relationship is consistent with the blood relationship, regardless of its legitimacy.
Article 1451. The adopter cannot marry the adoptee.
Article 1452. Marriage cannot take place if the man or woman is already the spouse of another person.
Section 1453. In the case of a woman whose husband is deceased or whose marriage has broken down, the marriage cannot take place unless at least three hundred and ten days have elapsed since the breakdown of her previous marriage, unless
Article 1454. In the event of the marriage of a minor, the provisions of article 1436 apply mutatis mutandis.
Article 1455. Consent to marriage may be given:
The consent given cannot be revoked.
Article 1456. If no person has the power to give his consent in accordance with article 1454, or if the person refuses to give his consent or is unable to do so, or if the minor cannot, in these circumstances, ask for his consent, the minor can file a petition with the court to give his consent to the marriage.
Article 1457. Under this code, marriage can only be celebrated after it has been registered.
Section 1458. A marriage can only take place if the man and the woman agree to take each other as husband and wife, and this agreement must be declared publicly before the registrar so that it can be registered by the latter.
Article 1459. A marriage abroad between Thais or between a Thai and a foreigner may be performed in the form prescribed by Thai law or by the law of the country where it takes place.
If the spouses want the marriage to be registered under Thai law, the registration is done by a Thai diplomatic or consular officer.
Article 1460. In the event of special circumstances preventing the registration of the marriage by the civil registrar because the man and the woman, or both, are in imminent danger of death or in a state of armed conflict or war , if a declaration of intention to marry has been made by the man and the woman before a person sui juris living there, who has noted such intention as proof, and if the registration of the marriage between the man and the woman is carried out by a Thai civil registrar or a Thai diplomatic or consular official, and if the registration of the marriage between the man and the woman has subsequently been carried out within ninety days from the date of the first possible opportunity to apply for registration of marriage by producing proof of intention so that the date and place of the declaration of intention to marry and the particular circumstances are recorded by the registrar in the marriage register, the day on which the declaration of intention to marry was made to the said person is considered the date of registration of the marriage.
The provisions of this section do not apply to a marriage which is void if it takes place on the date of the declaration of intention.
Section 1461. The spouses live together as husband and wife.
They maintain and support each other mutually according to their abilities and their living conditions.
Section 1462. When the physical or mental health or the happiness of one of the spouses is seriously threatened by the continuation of cohabitation, the spouse thus threatened may ask the court for authorization to live separately as long as the danger persists; and in such case the court may order that one of the spouses provide to the other such amount of maintenance as may be appropriate in the circumstances.
Article 1463. If one of the spouses is judged incapable or quasi-incapable, the other becomes tutor or curator by operation of law. But at the request of any interested person or of the public prosecutor, the court may, for serious reasons, appoint another person as tutor or curator.
Section 1464. If one of the spouses becomes insane, whether or not he has been declared incapable, and the other does not ensure the maintenance of the insane spouse in accordance with article 1461, paragraph 2, does or omits to do anything to the point of putting the insane spouse in a situation that could endanger his body or mind, or cause undue loss to his property, the persons referred to in section 28 or the guardian may bring an action against each other by claiming support for the alienated spouse or asking the court to make an order to protect the alienated spouse.
If, at the time of the introduction of the maintenance action referred to in paragraph 1, no decision has yet been made to confer on the alienated spouse the status of incapacitated person, an application shall be made to the court in the same case to obtain an order conferring on this estranged spouse the status of incapacitated person and to appoint the plaintiff himself as guardian. If the incapacity order for the alienated spouse has been issued, a request for the revocation of the former guardian and the appointment of a new guardian may be introduced.
When asking the court to order protection for the alienated spouse without claiming support, the plaintiff cannot ask the court to order that the alienated spouse be considered incapacitated or to change guardians. If the protective measures requested require, in the opinion of the court, the appointment or change of the guardian, the court shall first make an order providing for the exercise of the similar activities provided for in paragraph 2, and then make a protective order s he deems appropriate.
Section 1464/1. During the trial provided for in article 1464, the court may, upon request, take the temporary measures it deems appropriate concerning the maintenance or protection of the estranged spouse. If it is an emergency case, the provisions of the Code of Civil Procedure relating to the request in case of urgency apply.
Section 1465. If the spouses have not concluded, before their marriage, a special agreement on their property, the relations between them concerning this property are governed by the provisions of this chapter.
antinuptial agreement (also called prenuptial agreement) contrary to public order or good morals, or providing that the relations between them with regard to such property will be governed by a foreign law, is null and void.
Section 1466. The prenuptial contract is void if the terms of the prenuptial contract are not entered in the marriage register at the time of registration of the marriage; or if it is not in writing and signed by both spouses and by at least two witnesses and entered in the marriage register at the time of registration of the marriage, indicating that the prenuptial contract is attached thereto.
Article 1467. After the marriage, the prenuptial agreement cannot be modified except with the authorization of the court.
When the court makes a final order to modify or cancel the prenuptial agreement, it informs the civil registrar so that it can be entered in the marriage register.
Article 1468. The clauses of the prenuptial contract have no effect on the rights of third parties in good faith, whether they are modified or annulled by the order of the court.
Section 1469. Any agreement made between husband and wife during the marriage may be canceled by either of them at any time during the marriage or within one year from the day of the dissolution of the marriage, provided that the rights of bona fide third parties remain unaffected.
Article 1470. The property of husband and wife, except insofar as they are set aside as Sin Suan Tua, are Sin Somros .
Article 1471. The Sin Suan Tua consists of:
Section 1472. With respect to Sin Suan Tua, if it has been exchanged for other goods, if other goods have been purchased, or if money has been acquired by selling it, such other goods or money acquired constitute the Sin Suan Tua.
When the Sin Suan Tua has been totally or partially destroyed but replaced by another good or money, this other good is a Sin Suan Tua.
Section 1473. Each spouse is the manager of his Sin Suan Tua.
Article 1474. The Sin Somros are constituted
If there is any doubt as to whether or not a good is Sin Somros , it is presumed to be Sin Somros .
Article 1475. Where a Sin Somros is a property of the type referred to in Article 456 of this Code or has a documentary title, the husband or wife may request that his name be entered in the documents as co-owner.
Section 1476 . For the management of Sin Somros in the following cases, the husband and wife must be joint managers, or one of the spouses must obtain the consent of the other:
The management of Sin Somros in all cases other than those provided for in the first paragraph can only be carried out by one of the spouses without the need to obtain the consent of the other.
Section 1476/1. Both husband and wife can manage the Sin Somros , differently, in whole or in part, from the provisions of article 1476, provided that the prenuptial agreement provided for in articles 1465 and 1466 has been concluded. In this case, the management of Sin Somros is carried out in accordance with the prenuptial agreement.
If the specifications of the management of Sin Somros in the prenuptial agreement differ only partially from the provisions of Article 1476, the management of Sin Somros other than those specified in the prenuptial agreement shall be carried out in accordance with Article 1476.
Section 1477. Either spouse has the right to plead, defend, take legal action regarding the maintenance of Sin Somros or for the benefit of Sin Somros . The debts arising from this litigation, this defense and this legal action are considered to be obligations to be performed jointly by the spouses.
Article 1478. When one of the spouses must give his consent or affix his signature with the other in the management of the property, but he unreasonably refuses to give this consent or to affix his signature, or does not is not in a position to give such consent, the latter may apply to the Court for an order granting the necessary authorization.
Article 1479. When an act of one of the spouses requires the consent of the other spouse, and if the law requires that this act be done in writing or registered by the competent official, this consent must be given in writing.
Article 1480. In the management of Sin Somros which must be done jointly or must obtain the consent of the other spouse under Article 1476, if one of the spouses has entered into a legal act alone or without the consent of the the other, the latter may ask the court to revoke this legal act, unless it has been ratified by the other spouse, or the third party has acted in good faith at the time of the conclusion of the legal act. and made the counter-payment .
The action for revocation of the legal act by the court under the first paragraph may not be brought more than one year after the day on which the cause which motivates the revocation is known, nor more than ten years after the fulfillment of the legal act.
Article 1481. Neither spouse has the right to dispose of Sin Somros by will in favor of other persons to a greater extent than his own share.
Article 1482. If one of the spouses is the sole manager of the Sin Somros , the other spouse nevertheless has the right to manage the affairs of the household or to provide for the needs of the family, and the expenses arising therefrom bind the Sin Somros and the Sin Suan Tua of both parties.
If the husband or wife's handling of household affairs or family needs results in undue loss, the other spouse can ask the court to prohibit or limit his or her power.
Article 1483. If one of the spouses is the sole manager of Sin Somros , if the manager is going to commit or does any act in the management of Sin Somros which appears to result in undue loss, the other spouse may petition the court to prohibit the commission of this act.
Article 1484. If one of the spouses who manages Sin Somros :
the other spouse can apply to the Court for an order authorizing him to be the sole manager or to divide the Sin Somros .
In the event of a request made under paragraph 1, the court may issue temporary protective measures for the management of Sin Somros . If it is an emergency situation, the provisions relating to the request in the event of an emergency provided for by the Code of Civil Procedure apply.
Article 1484/1. In the event of a court order prohibiting or limiting the power of one of the spouses to manage Sin Somros , if the cause giving rise to the court order or the circumstances have subsequently changed, one of the spouses may ask the court to revoke or vary the order prohibiting or limiting the power to manage Sin Somros . The court may, for this purpose, make any order it deems appropriate.
Article 1485. A husband or wife may ask the court to authorize him to manage a particular Sin Somros or to participate in its management, if such management or participation is more advantageous.
Article 1486. Where the court has rendered a final judgment or an order under Article 1482, paragraph 2, Article 1483, Article 1484, Article 1484/1 or Article 1485 in favor of the plaintiff, or Section 1491, Section 1492/2 or Section 1598/17, or that the husband and wife have been excused from bankruptcy, the court notifies the matter to the office registration of marriages so that she is entered in the marriage register.
Article 1487. Neither spouse may seize the property of the other during the marriage, except for the seizure carried out within the framework of the procedure initiated for the exercise of his functions or for the maintenance of the rights between husband and wife , as specifically provided for in this code, or as specifically provided for in this code to enable one of the spouses to sue the other, or for the allowance due for maintenance and costs under the judgment of the Court.
Article 1488. When one of the spouses is personally bound to perform an obligation contracted before or during the marriage, the performance is first made on his Sin Suan Tua; if the obligation is not fully performed, it is satisfied on its share of Sin Somros .
Article 1489. When the two spouses are joint debtors, the execution is made on the Sin Somros and the Sin Suan Tua of the two spouses.
Article 1490. The debts which the two spouses are jointly bound to execute include the following debts contracted by one or the other of the spouses during the marriage:
Article 1491. If one of the spouses is declared bankrupt, Sin Somros is divided by operation of law from the date of the declaration.
Article 1492. After the division of Sin Somros under Article 1484, paragraph 2, Article 1491 or Article 1598/17, paragraph 2, the part thus divided becomes the Sin Suan Tua of each spouse. Any property obtained after the partition by either spouse is that spouse's Sin Suan Tua and is not considered Sin Somros . Property subsequently acquired by the spouse through a will or written gift under Section 1474(2) becomes Sin Suan Tua of husband and wife equally.
The fruits of Sin Suan Tua accumulated after sharing Sin Somros are Sin Suan Tua.
Article 1492/1. If the partition of Sin Somros is carried out by court order, the revocation of the partition is carried out at the request of one of the spouses and the court has issued an order to that effect. If one of the spouses opposes this request, the Court may only order the revocation of the partition of Sin Somros if the cause for the partition of Sin Somros has ceased to exist.
Once the sharing of Sin Somros under paragraph 1 has been revoked or suspended because the husband or wife has been discharged from bankruptcy, the property which constitutes the Sin Suan Tua on the date of the court order or at the date of its release from bankruptcy remain the same as those of Sin Suan Tua.
Article 1493. When Sin Somros has been ceded, both spouses are bound to pay household expenses in proportion to the amount of their respective Sin Suan Tua.
Article 1494. Marriage is only void under the conditions provided for in this chapter.
Section 1495. A marriage made against articles 1449, 1450, 1452 and 1458 is null.
Article 1496. The nullity of a marriage contracted contrary to articles 1449, 1450 and 1458 can only be pronounced by a judgment of the court.
The spouses, parents or descendants of the spouse may request a court judgment pronouncing the nullity of the marriage. If there are none of these persons, any interested person may ask the Attorney General to seize the court of this request.
Article 1497. Any interested person may plead or demand a judgment of the court establishing the nullity of the marriage contracted under article 1452.
Section 1497/1. In the event of a final judgment by the court pronouncing the nullity of a marriage, the court notifies the case to the marriage registration office so that it can be entered in the marriage register.
Article 1498. Annulment of marriage does not create a property relationship between husband and wife.
In the event of nullity of the marriage, the property possessed or acquired by one or other of the parties before or after the marriage, as well as the fruits resulting from it, remain the property of this party. As for property earned jointly, it is divided equally, unless the court deems it appropriate and decides otherwise taking into consideration the family obligations and income of both parties, as well as their situation in life. , including all other circumstances.
Section 1499. A marriage declared null by virtue of article 1449, article 1450 or article 1458 does not affect the right acquired by this marriage before the pronunciation of the final judgment pronouncing the nullity of the marriage by the party who is married in good faith.
A marriage declared null under article 1452 does not affect the right acquired by this marriage before the cause of the nullity of the marriage was known to the man or the woman. But the said marriage does not make one of the spouses the legal heir of the other and does not open the right to the inheritance of the other spouse.
In the case of a marriage deemed null because contrary to articles 1449, 1450, 1458 or 1452, if one of the parties acted in good faith, this party may request compensation. However, if this marriage puts the party in good faith in a situation of indigence because of the insufficiency of the income which it derives from its property or from the activity which it exercised before the pronouncement of the final judgment pronouncing the annulment of marriage or before the annulment of his marriage becomes known, as the case may be, such party may also claim subsistence allowance, and the provisions of Article 1526(1) and Article 1528 s apply to the claim for subsistence allowance in this case, mutatis mutandis.
The limitation period for the claim for compensation or subsistence allowance under paragraph 3 is two years from the date of the pronouncement of the final judgment pronouncing the annulment of the marriage in the case of a marriage contracted against article 1449, article 1450 or article 1448, or from the day on which the annulment of the marriage became known in the case of a marriage contracted against article 1452.
Section 1499/1. In the event of nullity of the marriage, the agreement between the spouses concerning the party who will exercise parental authority over a child, or one of the parties or both parties who will be responsible for the amount of the contribution to the maintenance of the child. child, must be concluded in writing. Failing agreement, the Court rules on the question. In making this decision, if there are grounds for depriving that spouse of parental authority under Article 1582, the court may make an order depriving that spouse of that authority and appoint a third person as guardian taking into consideration the happiness and interests of the child, and the provisions of article 1521 apply, mutatis mutandis.
Article 1500. A marriage declared null does not affect the rights acquired by a third party in good faith before the registration of the null marriage in the register of marriages in accordance with article 1497/1.
Article 1501. Marriage ends by death, divorce or annulment by the court.
Article 1502. An annullable marriage ends by annulment decided by the court.
Article 1503. The Court cannot be seized of a request for annulment of the marriage on the ground that it is voidable unless the spouses have not complied with the provisions of Articles 1448, 1505, 1506, 1507 and 1509.
Section 1504. An interested person other than the parents or the guardian who gave their consent to the marriage has the right to request the annulment of the marriage on the grounds of voidability.
If the court has not annulled the marriage before the man and the woman have reached the age required by article 1448 or if the woman has become pregnant before that age, the marriage is deemed valid from the moment when it was contracted.
Article 1505. A marriage contracted because of an error as to the identity of the other spouse is deemed voidable.
The right to request the annulment of the marriage due to mistaken identity of the spouse is extinguished after the expiry of a period of ninety days from the date of the marriage.
Article 1506. Marriage is voidable if it is contracted by the spouses because of fraud such that, without this fraud, the marriage would not have been contracted.
The provisions of the first paragraph do not apply in the event that the other spouse was not aware of the fraud committed by a third party.
The right to request the annulment of the marriage on the grounds of fraud expires after the expiration of a period of ninety days from the day on which the spouse knew or should have known of the fraud, or after the expiration of a period of one year from the date of marriage.
Article 1507. Marriage is voidable if it is contracted by the spouses due to such constraint that, without it, the marriage would not have been contracted.
The right to request the annulment of the marriage due to duress expires after the expiry of a period of one year from the day on which the spouse is freed from duress.
Article 1508. When the marriage is voidable due to an error in the identity of the spouse, fraud or coercion, only the spouse who made a mistake as to the identity of the other or who been incited to contract the marriage by fraud or coercion may request the annulment of this marriage.
Where the person entitled to apply for the annulment of the marriage has been found incompetent, the person who may apply to the court for an order making an insane person an incompetent person under section 29 may also apply for the annulment of this marriage. When the person entitled to request the annulment of the marriage is an insane person who has not yet been declared incapable, he may request the annulment of the marriage, but must at the same time ask the court to order that he be considered as an incompetent person. If the court makes an order revoking the application for an incapacity order, it will also make an order revoking the application for annulment of the marriage made by that person.
The court order revoking the person's request for annulment of the marriage under paragraph 2 does not affect the right of the spouse to request the annulment of the marriage, provided that the spouse exercises his or her right within the period remaining to run. If the time remaining is less than six months from the day the court order revoking the application for annulment of the marriage made by the said person is made, or if there is no time remaining, the time is extended accordingly until the expiration of a period of six months from the day on which the court order revoking the application for annulment of the marriage presented by the said person is made.
Article 1509. A marriage contracted without the consent of the persons mentioned in article 1454 is voidable.
Section 1510. When the marriage is voidable because it was contracted without the consent of the persons mentioned in article 1454, only the person who can give his consent under article 1454 can request the annulment of the marriage.
The right to request the annulment of the marriage under this section is extinguished when the husband has reached the age of twenty or when the wife has become pregnant.
The action for annulment of marriage under this section is prescribed by one year from the day on which the marriage is known.
Article 1511. A marriage annulled by judgment of the court is deemed to have ended on the day when the judgment becomes final; however, it can only be invoked to the detriment of the rights of third parties in good faith if the annulment of the marriage has been registered.
Section 1512. The provisions relating to the result of divorce by judgment of the court apply to the result of the annulment of the marriage mutatis mutandis.
Article 1513—If it appears that the spouse sued for annulment of the marriage had knowledge of the cause of annulment, he is bound to repair the damage caused to the body, reputation or property of the other spouse by this marriage, and the provisions of article 1525 apply mutatis mutandis.
If the other spouse is in need due to the annulment of the marriage under the first paragraph and does not derive sufficient income from his property or from the activity he carried out during the marriage, the spouse against whom the action has been brought is also required to pay the subsistence allowances provided for in article 1526.
Article 1514. Divorce can only be pronounced by mutual consent or by judgment of the court.
Divorce by mutual consent must be in writing and certified by the signatures of at least two witnesses.
Article 1515. When the marriage has been registered in accordance with the provisions of this code, divorce by mutual consent is only valid if the registration is carried out by both spouses.
Article 1516. Grounds for divorce proceedings are as follows:
the latter can apply for a divorce;
Article 1517. No action for divorce may be instituted by the husband or the wife, as the case may be, if that spouse has consented to or been an accomplice to the acts referred to in article 1516, paragraphs 1 and 2, on which the action in divorce is founded.
If the ground for the divorce action provided for in article 1516, paragraph 10, results from an act of the other spouse, the divorce action based on this ground cannot be brought by the latter.
When the action for divorce based on the ground referred to in Article 1516, paragraph 8, has been brought, the court cannot grant the divorce if the behavior of the husband or wife at the origin of the execution of the obligation is a minor or unimportant cause compared to the peaceful cohabitation between husband and wife.
Article 1518. The right to bring an action for divorce is extinguished if the spouse entitled to it has committed an act showing that he forgives the other for the act which gave rise to the right to bring the action in divorce.
Article 1519. In the event that one of the spouses is affected by insanity and if there is a ground for divorce action, whether prior to or subsequent to the insanity, the person entitled to request the court to order that the proceeding be considered incapacitated under Article 28* has the power to bring an action for divorce and liquidation of assets against the other spouse. In this case, if the court has not yet made an order recognizing the incapacity of the first spouse, this person asks the court, in the same case, to order that the alienated spouse be considered an incompetent person.
This person may, if he deems it appropriate, also ask the court to make the order provided for in articles 1526 and 1530.
If the presumed alienated spouse has not yet been found incompetent and if the Court finds that this spouse should not be found incompetent, the case is dismissed. If the spouse is deemed fit to be found incompetent but a divorce judgment has not yet been made, the Court declares the spouse incapable and cannot make a decision regarding the guardian or appoint another person as guardian under of article 1463, while the request for divorce is rejected, and the Court may in this respect render a decision determining the subsistence allowances. If the spouse is considered insane and should be found by the court to be incompetent and the petition for divorce should also be granted, the court issues an order in which it considers the spouse to be an incompetent person, appoints a guardian and authorizes the divorce.
If the court considers that the ground on which the application for divorce is based does not correspond to the state of the incapable spouse who is going to divorce, or that it is not appropriate in these circumstances to authorize the divorce, the court may not pronounce the decree which will pronounce the divorce.
Section 1520. In the event of divorce by mutual consent, the spouses must conclude a written agreement for the exercise of parental authority over each of the children. In the absence of such an agreement or in the absence of an agreement, the question is decided by the court.
In the event of a divorce pronounced by the Court, the court responsible for judging the case must also decide that parental authority over each of the children belongs to one or other of the parties. If, during this trial, it is deemed appropriate to deprive this spouse of parental authority under Article 1582, the court may make an order depriving this spouse of parental authority and appointing a third person as guardian. , taking into consideration the happiness and interest of the child.
Section 1521. If it appears that the person exercising parental power of guardian under Section 1520 is misbehaving or there is a change in circumstances after the appointment, the court has power to make an order appointing a new tutor taking into consideration the happiness and interests of the child.
Article 1522. In case of divorce by mutual consent, an arrangement must be concluded and contained in the divorce agreement to determine who, of the two spouses or of one of them, will contribute to the maintenance of the children and what will be the amount of this contribution.
In case of divorce by court decision or if the divorce agreement does not contain any provision regarding the maintenance of children, the court decides.
Article 1523. In case of divorce pronounced by the court on the ground provided for in article 1516, paragraph 1, the husband or wife is entitled to compensation from the husband or wife and from the other wife or adultery, as the case may be.
The husband has the right to seek compensation from anyone who has taken liberties with his wife in an adulterous manner, and the wife has the right to seek compensation from another woman who has openly shown her adulterous relations with the husband of the first. However, the husband or wife is not entitled to claim compensation if he or she consented to the act performed by the other party under Article 1516, paragraph 1, or if he or she it allowed the other person to act as provided for in paragraph 2.
Section 1524. If the cause of the action for divorce under Section 1516, paragraphs 3, 4 or 6, results from an act of the offending party with the intention of rendering the other party so intolerable that a divorce action must be brought, the other party is entitled to compensation from the offending party.
Article 1525. The compensation provided for in Articles 1523 and 1524 is decided by the court according to the circumstances, and the court may decide to award compensation to the other party.
In the event that the person who must pay the compensation is the spouse of the other party, the share of property received by the former during the liquidation of Sin Somros due to divorce is also taken into consideration.
Article 1526. In the event of divorce, if the reason for the divorce stems from the guilt of only one of the parties and if the divorce entails the indigence of the other party who does not derive sufficient income from his property or from business she carried on during the marriage, the latter has the right to request that subsistence allowances be paid by the offending party. The court may decide whether or not to grant living allowances taking into account the capacity of the donor and the situation of the recipient, and the provisions of articles 1598/39, 1598/40 and 1598/41 apply mutatis mutandis.
The right to claim maintenance allowances lapses if it is not invoked in the principal or counterclaim of the divorce action.
Article 1527. If the divorce is pronounced on the ground of insanity according to article 1516, paragraph 7, or because of a communicable and dangerous disease according to article 1516, paragraph 9, the other spouse must provide allowances support to the alienated spouse or suffering from the disease, in accordance with Article 1526, mutatis mutandis .
Article 1528. If the beneficiary of subsistence allowance remarries, the right to subsistence allowance ceases.
Section 1529. The rights of action based on one of the grounds provided for in Article 1516, paragraphs 1, 2, 3 or 6, or in Article 1523 expire after one year when the fact which may be alleged by the plaintiff was known or should have been known to him.
The grounds on which a petition for divorce can no longer be based may still be proven in support of another petition for divorce based on other grounds.
Section 1530. While divorce proceedings are pending, the court may, at the request of either party, make any interim order it deems appropriate, including with respect to Sin Somros, housing , maintenance of spouses and custody and maintenance of children.
Section 1531. Where a marriage has been registered according to law, divorce by mutual consent takes effect upon registration.
Divorce by court judgment takes effect from the moment the judgment becomes final; however, this judgment can only be opposed to the prejudice of the rights of third parties in good faith if the divorce has been registered.
Section 1532. After the divorce, the assets of the spouses are subject to liquidation.
But between spouses,
Article 1533. In case of divorce, the Sin Somros are divided equally between the man and the woman.
Article 1534. If one of the spouses has disposed of Sin Somros for his exclusive benefit, or has done so with the intention of harming the other, or has done so without the consent of the other in the case where such provision is required by law to obtain the consent of the other, or has deliberately destroyed it, it shall be considered, for the purposes of the sharing of Sin Somros under Section 1533, as if such property had survived . If the share of Sin Somros the other will receive is not in full as compared to what he or she should have received, the offending party is liable to make up the arrears from his or her share of Sin Somros or Sin Suan Tua.
Article 1535. At the end of the marriage, the man and the woman are responsible for joint debts in equal shares.
Article 1536. A child born of a woman during the marriage or within three hundred and ten days following the dissolution of the marriage is presumed to be the legitimate child of the husband or of the man who was the husband, as the case may be.
The provisions of the first paragraph apply to a child born of a woman before the marriage has been declared null by a final judgment of the court, or within three hundred and ten days from the date of this final judgment. .
Article 1537. If the wife has entered into a new marriage and has given birth to a child within three hundred and ten days from the date of the dissolution of the marriage, the child is presumed to be the legitimate child of the new husband and no presumption provided in article 1536 that the child is the legitimate child of the former husband does not apply, provided that there is a judgment declaring that the child is not the legitimate child of the new husband .
Article 1538. If the man or the woman contracted the marriage in violation of article 1452, the child born during this marriage is presumed to be the legitimate child of the husband whose last marriage was registered in the register of marriages.
In the case where the woman has contracted the marriage against article 1452, the presumption provided for in article 1536 applies, provided that there is a final judgment declaring that the child is not the legitimate child. of the husband whose last marriage was registered in the marriage register.
The provisions of the first paragraph apply to a child born within three hundred and ten days following the date of the final judgment pronouncing the annulment of the marriage contracted in violation of article 1452.
Article 1539. In case the child is presumed to be the legitimate child of the husband or of the man who was the husband under article 1536, article 1537 or article 1537 or 1538, the husband or the man who was the husband may repudiate the child by bringing an action against the child and the mother jointly, and provided that he has not cohabited with the mother of the child. child during the period of conception, that is to say the period running from the one hundred and eightieth day to the three hundred and tenth day inclusive, before the birth of the child, or that he could not have been the father of the child for other reasons of impossibility.
The action can only be brought against the child if, at the time the action is brought, the mother of the child is not alive. When the child is not alive, whether the mother of the child is alive or not, the Court may be asked to declare that the child is not his legitimate child. If the child's mother or the child's heir is still alive, the court sends a copy of the petition to that person and may, if it thinks fit, also send a copy of the petition to the ministry. public to consider pursuing the case on behalf of the child.
Article 1540. ( Repealed )
Article 1541. An action for the repudiation of a child cannot be brought by the husband or the man who was the husband if it appears that the latter caused the birth of the child to be registered in the register of births as his legitimate child or that he has arranged or accepted that she be registered in the birth register.
Article 1542. The action for the repudiation of a child must be brought by the man who is or was the husband within one year following the birth of the child. In any case, this action cannot be brought more than ten years after the birth of the child.
In the event of a judgment declaring that the child is not the legitimate child of the new husband under article 1537 or of the husband of the last marriage under article 1538, if the husband of the man who was the husband and who is presumed to be the father of the child under article 1536, he must bring the action within one year from the time when the final judgment was brought to his attention.
Article 1543. If the man who was or was the husband and who brought an action for repudiation of the child dies before the matter becomes final, a person who has the right to inherit with the child or a person whose right to inherit would be deprived because of the birth of the child may file a request to substitute himself or may be called upon to substitute himself for the deceased.
Article 1544. An action for repudiation of a child may be brought by a person who has the right to inherit with the child or by a person whose right to inherit would be deprived by reason of the birth of the child in the following cases:
The provisions of article 1539 apply to the bringing of the action for repudiation of the child, mutatis mutandis .
Article 1545. A child may petition the Attorney General to institute the action provided for in Article 1536 for repudiation for being the legitimate child of his mother's husband if he learns that he is not the hereditary child. of her mother's husband.
If the child learns before becoming of age that he is not the legitimate child of his mother's husband, no action may be brought by the public prosecutor after one year from the date on which he became of age. , within the framework of the action referred to in paragraph 1. If the child has knowledge of it after it has become sui juris , the action of the public prosecutor may only be brought within a period of one year from from the day on which the facts were brought to his attention.
Article 1546. A child born of a woman not married to a man is deemed to be the legitimate child of this woman.
Article 1547. A child born of parents who are not married to each other is legitimate by the subsequent marriage of the parents, or by registration made at the request of the father, or by a judgment of the court.
Article 1548. When legitimation is requested by the father, the child and the mother must give their consent to the applicant.
If the child and the mother do not appear before the registrar to give their consent, the registrar notifies the child and the mother of the father's application for registration. If the child or the mother does not raise any objection or does not give his consent within sixty days after the acceptance of the notification by the child or the mother, it is presumed that the child or the mother does not give his consent. The period is extended to one hundred and eighty days when the child or the mother has stayed outside Thailand.
If the child or the mother raises the objection that the applicant is not the father, or does not give his consent, or is unable to give his consent, the registration of the legitimation must be carried out by a court judgment.
After the Court has rendered a judgment effecting the registration of the legitimation and the judgment has been presented to the civil registrar for registration, the civil registrar proceeds with the registration.
Article 1549. When the clerk has notified the child and the mother of the application for legitimation under article 1548, whether or not the child and the mother object to the application under article 1548 , the child or mother may, within a period not exceeding ninety days from notification to the child or mother, notify the clerk to record that the applicant is not a person capable of partially or totally exercising parental power.
Although the registration of the legitimation under article 1548 has been made, if there has been a notification of the child and the mother under paragraph 1, the father of the child cannot partially or totally exercise the parental power which had been notified by the child or the mother until the court pronounces a judgment authorizing the child's father to partially or totally exercise the parental power, or a period of ninety days have elapsed since the civil registrar was informed by the child or the mother of the applicant's inability to register the legitimation to be the person unfit to exercise a part or all of the parental authority.
In the event of a court judgment declaring that the applicant for registration of the legitimation is not the person capable of exercising part or all of the parental authority or of being the guardian.
Article 1550. ( repealed )
Article 1551. In case of opposition to the applicant for registration of legitimation on the grounds that he is not the father of the child, if the applicant for registration of legitimation has filed an action in court to obtain a judgment recognizing him as the father of the child, the child or the mother can ask the court to register the legitimation. The child or the mother may ask the court, in the same case, to declare that the applicant for the registration of the legitimation is not fit to exercise all or part of the parental authority although he is the real father of the child. In this case, the provisions of paragraph 3 of article 1599 apply mutatis mutandis.
Article 1552. If the child has no mother or has a mother but the latter has been partially or totally deprived of his parental authority and the other person has been appointed by the court as guardian partially or totally before registration of legitimation.
The father who initiated the registration of the legitimation may, if he considers that, in the interest of the child, he is the one who should exercise parental authority in whole or in part, request the court to issue an order depriving the tutor of part or all of the tutorship, to exercise parental authority for the greater happiness and interest of the child. The court can make an order depriving the guardian of part or all of the guardianship and making the father the person exercising parental authority.
Article 1553. ( Repealed )
Article 1554. Any interested person may, within a period of three months from the time he became aware of the registration of the legitimation, request the court to cancel the registration on the grounds that the person at the initiative whose legitimation was registered is not the father of the child. In any case, this action cannot be brought after the expiry of a period of ten years from the date of registration.
Article 1555. An action for legitimation may only be brought in the following cases:
In any case, if the man is deemed incapable of being a father, the case is closed.
Article 1556. The action for legitimation may be brought by the legal representative of the child if the latter is a minor and has not yet reached the age of fifteen. If there is no legal representative or if the legal representative cannot exercise his or her functions, a close relative or the public prosecutor can ask the court to appoint a representative ad litem to bring the action on behalf of the child. .
After reaching the age of 15, the child must bring the action himself and does not need to obtain the consent of the legal representative.
After reaching the age of sui juris , the action must be brought within one year from the day it became sui juris .
If the child died during the period in which he has the right to bring an action for legitimation, his descendant may bring an action for legitimation. If the descendant knows the reason for the action for legitimation before the death of the child, the action must be brought by the first within one year of the death of the child if the reason for the action in legitimation is known to the descendant after the death of the child. However, the action must be brought within a period of one year from the day on which this reason will have been brought to its attention, it being understood that it cannot be brought after the expiry of a period of ten years from from the death of the child.
The provisions of paragraphs 1 and 2 apply mutatis mutandis to the action for legitimation brought by the minor descendant.
Article 1557. The legitimation provided for in article 1547 takes effect:
Article 1558. If the action for legitimization of the deceased was introduced within the limitation period for the inheritance action, if the court declares the child legitimate, he has the right to the inheritance as legal heir. In the event of division of the estate, the provisions of this code relating to undue enrichment apply mutatis mutandis .
Article 1559. Once the registration of the legitimation has been effected, it cannot be revoked.
Article 1560. A child born during the marriage is deemed legitimate, even if the marriage has subsequently been annulled.
Article 1561. The child has the right to bear his father's surname. If the father is unknown, the child has the right to bear the mother's surname.
Article 1562. No one may bring an action, civil or penal, against his ascendants, unless the public prosecutor seizes the case at the request of this person or of one of his relatives.
Article 1563. Children are required to support their parents.
Article 1564. Parents are bound to maintain their children and give them a suitable education during their minority.
When children are sui juris , parents are only required to support them when they are infirm and unable to earn a living.
Section 1565. Applications for the maintenance of the children or for any other form of maintenance to be granted to them may be presented by the father or the mother, except in the case where they must be presented by the public prosecutor in accordance with article 1562.
Article 1566. The child is subject to parental authority as long as he is not sui juris .
Parental authority is exercised by the father or the mother in one of the following cases;
Section 1567. A person exercising parental authority (natural guardian) has the right:
Article 1568. When a person who already has a child marries another person, parental authority over that child is exercised by the first person.
Article 1569. A person exercising parental authority is the legal representative of the child. If the child is deemed incapable or quasi-incapable, the person exercising parental authority is the guardian or the curator, as the case may be.
Section 1569/1. When the minor has been deemed incapable or quasi-incompetent and a person other than the person exercising parental authority or the guardian has been appointed as guardian by court order, this order entails the dismissal of the person exercising parental authority. or guardian at that time.
When the person sui juris and having no spouse has been found incapable or quasi-incapable, the parents or the father or the mother are the tutor or curator, as the case may be, unless the Court decides otherwise. .
Article 1570. Notifications made by or to the person exercising parental authority in accordance with article 1566 or article 1568 are considered as notifications made by or to the child.
Article 1571. Parental authority includes the management of the property of the child and this management must be exercised with the same care as that of a person of ordinary prudence.
Article 1572. The exercise of parental authority cannot, without the consent of the child, create an obligation whose object is personal to the child.
Article 1573. If the child has income, these must be used in the first place for his upkeep and education; any remainder is retained by the holder of parental authority and returned to the child. However, if the holder of parental authority does not have sufficient income to live on his condition, this income may be spent to a reasonable extent by the holder of parental authority, unless it is income from a gift or bequest, provided that they do not benefit the holder of parental authority.
Article 1574. The person exercising parental authority may not perform any of the following legal acts concerning the property of the minor, except with the authorization of the court;
Section 1575. When, for an act, the interests of a person exercising parental authority or the interests of the spouse or children of a person exercising parental authority are in conflict with those of the minor, the person exercising parental authority must obtain the authorization of the court to carry out this act, under penalty of nullity of the act.
Article 1576. The interests of a person exercising parental power or the interests of the spouse or children of a person exercising parental power referred to in article 1575 include interests in the following enterprises:
Article 1577. A person may transmit by bequest or donation property to a minor, provided that it is managed, until his majority, by a person other than the person who exercises parental power.
This manager must be appointed by the transferor, failing that, or by the court and his management is subject to Articles 56, 57 and 60.
Article 1578— When parental authority comes to an end because the minor is sui juris , the person who exercised parental authority must immediately return to the child, for the purposes of certification, the property thus managed and render an account thereof to him. in writing, and if there is a related document, it must be submitted at the same time as the account.
In the event of cessation of parental power other than those mentioned in paragraph 1, the property, the account and the document relating to the management of the property are handed over to the possible holder of parental power or to the guardian, as the case may be, for the purposes of 'certificate.
Article 1579. In the event that one of the spouses is deceased and the other, who has a child born in the marriage, intends to enter into a new marriage, if the latter has possessed the property suitably separated for the property can be returned to the child when he can manage it, or the property can be retained and returned to the child when the time is right. If it is a property specified in article 456 or a documentary title, the name of the child must be entered in the document as a joint owner, and the marriage can take place only if the aforementioned management has been carried out.
If there is a reasonable ground, the court can make an order allowing said spouse to contract the marriage first. But the Court must specify in the order that the spouse must complete the separation of property and the drawing up of an inventory as provided for in paragraph 1 within a specified time after the marriage.
If the marriage is entered into in violation of paragraph 1, or if the spouse fails to comply with the order of the court made under paragraph 2, the court may, upon its knowledge of the fact or at the request of the parent of the minor or of the public prosecutor's office, issue an order depriving the spouse of parental authority or enjoining any person to carry out the inventory and to have the child's name entered as co-owner in the said document, and all costs incurred as a result are the responsibility of the spouse.
For the purposes of this section, the adopted child of the deceased spouse and of the living spouse is considered to be a child born of the spouse.
Article 1580. The minor being sui juris , the holder of the exercise of parental authority or the guardian may make a certificate of management of the property of the minor after having obtained the property, accounts and documents provided for in article 1587.
Article 1581. The action relating to the management of property between the minor and the person exercising parental authority may not be brought more than one year after the cessation of the right of management.
If parental authority ceases when the child is a minor, the period mentioned in the first paragraph is calculated from the moment the child becomes sui juris or has a new legal representative.
Section 1582. When the holder of parental authority is deemed incompetent or quasi-incompetent, or abuses his parental authority with regard to the person of the child, or is guilty of serious misconduct, the court may, ex officio or at the request of a relative of the child or of the public prosecutor, pronounce the forfeiture of parental authority, in part or in full.
If the person exercising parental authority is bankrupt or likely to endanger the property of the minor due to mismanagement, the court may, on the basis of the same procedure as that mentioned in the first paragraph, order the deprivation management rights.
Article 1583. If the causes mentioned in the preceding article have ceased to exist, the person who has been partially or totally deprived of parental authority may recover it with the authorization of the court, at the request of that person or of a parent of the minor.
Article 1584. A person who has been partially or totally deprived of parental authority is not thereby released from the duty to provide support to a minor in accordance with the law.
Article 1585. The father or the mother has the right to maintain his child, according to the circumstances, regardless of the person exercising parental authority or the tutor.
Article 1585. A person who is not sui juris and who has no parents, or whose parents are deprived of the exercise of parental authority, may be provided with a guardian during his minority.
In the event that the person exercising parental authority has been deprived of part of the parental authority under the first paragraph of Article 1582, the court may appoint a guardian to exercise the part of the parental authority or , if the person exercising parental authority has been deprived of the right of management under the second paragraph of article 1582, appoint the tutor for the management of the property.
Article 1586. The guardian referred to in article 1585 is appointed by order of the court at the request of a relative of the minor, of the public prosecutor or of the person whose name has been indicated in the will by the last surviving relative.
Subject to the provisions of article 1590, the court, in the case of a testamentary disposition relating to the appointment of a guardian, appoints the guardian accordingly, unless the will is not effective or the person named in the will is not permitted to be a guardian under section 1587.
Article 1587. Any person sui juris may be appointed guardian, with the exception of the following persons:
Section 1588. If it appears that the person appointed as guardian by the court is, at the time of his appointment, a person prohibited under article 1587, the court, on its own knowledge or at the request of an interested person or the public prosecutor, revokes the order appointing that person and makes such order with respect to the guardian as he deems expedient.
The revocation of the order appointing the guardian under paragraph 1 does not affect the right of the third party acting in good faith, except if, in the event of the revocation of the order appointing the person prohibited under article 1587, paragraph 1 or 2, the acts performed by the guardian do not bind the minor, whether the third party acted in good faith or not.
Article 1589. ( repealed )
Article 1590. There can only be one tutor at a time; however, if there is a testamentary disposition ordering that several guardians be appointed or if there is a duly reasoned request from the person, several guardians may be appointed if the court deems it necessary. In the event of the appointment of several guardians, the court may order the guardians to act either jointly or in accordance with the power specially conferred on each of them.
Article 1591. The quality of tutor begins to run from the day when the notification of his appointment by the court is known to him.
Article 1592. The guardian must without delay make an inventory of the property of the ward within three months from the day on which he became aware of his appointment by the court, but this period may be extended on application made by the guardian to the court. before the expiry of the three months.
The inventory is made in the presence of at least two witnesses who must be sui juris and relatives of the ward, but if no relative can be found, other persons may be witnesses.
Article 1593. Within ten days of the completion of the inventory, the guardian delivers a certified copy thereof to the court, and the court may require him to give additional information or produce documents to demonstrate its accuracy. of inventory.
If the court does not make an order to the contrary within fifteen days of the delivery of the inventory or the day of the production of additional information or documents, as the case may be, the inventory is considered acceptable by the court.
Article 1594. If the tutor does not comply with the provisions relating to the establishment of the inventory or the presentation of a complete and correct inventory, as described in article 1592 or article 1593, or does not respect court order made under Section 1593, or if the court is dissatisfied with the inventory due to the gross negligence, dishonesty or manifest inefficiency of the guardian, the court may discharge the tutor.
Section 1595. Before the acceptance of the inventory by the guardian, the court may discharge the guardian. Section 1595. Before the acceptance of the inventory by the court, the guardian can only do urgent and necessary acts, but these acts cannot be set up against third parties in good faith and against payment.
Article 1596— If there is an obligation in favor of the guardian against the ward or in favor of the ward against the guardian, the latter must give notice of it to the court before commencing the inventory.
If the tutor knows that there is an obligation in his favor against the ward and does not give notice of it to the court, this obligation is extinguished.
If the tutor knows that an obligation exists against him in favor of the ward and does not give notice thereof to the court, the latter may discharge him.
Article 1597. The court may, ex officio or at the request of any interested party or the public prosecutor, order the guardian:
Article 1598. When, during the guardianship, the ward acquires valuable property by succession or gift, articles 1592 to 1597 apply mutatis mutandis.
Section 1598/1. The tutor renders an account to the court of these assets once a year from the day on which he becomes tutor. However, the court may, after the account for the first year has been rendered, order that the account be rendered at an interval longer than one year.
Section 1598/2. The tutor has the same rights and duties as a person exercising parental authority in accordance with article 1564, first paragraph, and article 1567.
Section 1598/3. The guardian is the legal representative of the ward; articles 1570, 1571, 1572, 1574, 1575, 1576 and 1577 apply mutatis mutandis to the tutor and the ward.
Section 1598/4. The tutor can only dispose of the part of the pupil's income necessary for the upkeep and education of the latter. The rest can only be invested
Section 1598/5. When the pupil has become of age and his age is not less than fifteen years of age, the guardian must, in all important operations, consult him first, as far as possible. The fact that the ward has given his consent does not exonerate the guardian from his responsibility.
Section 1598/6. Guardianship is terminated by the death of the ward or by his becoming sui juris .
Section 1598/7. The functions of the tutor end when the latter
1598/8. The guardian is discharged by the court for the following reasons:
Section 1598/9. The request for discharge of a guardian provided for in Article 1598/8 may be presented by the ward himself, if his age is not less than fifteen years of age, or by a relative of the ward, or by the public prosecutor. of the Republic.
Article 1598/10. When a request for discharge from a tutor is pending before the court, the court may appoint a temporary administrator of the ward's property in his place.
Section 1598/11. When the guardian or the functions of the guardian come to an end, the guardian or his heir must immediately return to the ward, his heir or the new guardian the property managed; and, within six months, he must render an account of the management, and if there are any documents relating thereto, they must be delivered together with the account, but this period may be extended by the court at the request of the guardian or his heir.
Articles 1580 and 1581 apply mutatis mutandis .
Article 1598/12. The sums that the tutor or the ward must repay to the other produce interest from the moment the tutorship account is rendered.
If the tutor has disposed of the ward's money otherwise than for the latter's benefit, he owes the interest from the day on which he disposed of it.
Article 1598/13. The ward has a right of preference over all the property of the tutor for the performance of the obligation due to him.
This preferential right ranks (6) after the other general preferential rights provided for in article 253 of this code.
Article 1598/14. The guardian is not entitled to receive any remuneration, except in the following cases:
To fix the remuneration, the court takes into consideration the circumstances, the income and the living conditions of the tutor.
If the guardian or ward can prove that the circumstances, income, or living conditions of the guardian or ward have changed after the guardianship begins, the court may order the payment, suspension, reduction, increase, or the recovery of remuneration, as the case may be; this provision also applies in the event that the will contains provisions limiting the guardian's right to receive remuneration.
Article 1598/15. If the court declares the husband or wife incapable and appoints the wife or husband guardian, the provisions relating to the rights and duties of the person exercising parental power apply mutatis mutandis, with the exception of the right provided for in Article 1567, paragraphs 2 and 3.
Article 1598/16. The spouse who is the guardian of the other spouse who has been found incompetent by the court has the power to manage the Sin Suan Tua (personal property) of the latter and has the power to manage only the Sin Somros (common matrimonial property) . But the management of Sin Suan Tua and Sin Somros , as specified in the first paragraph of Article 1476, can only be carried out by this spouse with the permission of the court.
Article 1598/17. When the husband or wife has been found incapable and the other spouse has been found not to be fit to be the caretaker and his or her father or mother or an outside person has had to be appointed guardian, the guardian will, in this case, be a joint manager of Sin Somros with the other spouse, but the court may decide otherwise if there are vital circumstances which may endanger the incapable person.
However, the other spouse has the right to ask the court to order the division of Sin Somros if there are circumstances such as those provided for in the first paragraph.
Article 1598/18. When the parents are guardians of a child who is not sui juris , the provisions relating to the power and obligations of the person exercising parental authority apply mutatis mutandis. However, if the child becomes sui juris , the provisions relating to the power and obligations of the guardian apply mutatis mutandis, except for the right provided for in article 1567, paragraphs 2 and 3.
Article 1598/19. A person aged at least twenty-five can adopt another, provided that he is at least fifteen years older than the adopted person.
Article 1598/20. If the person to be adopted is at least fifteen years old, the adoption can only take place with the consent of the adopted person.
Section 1598/21. If the adoptee is a minor, the adoption can only take place with the consent of his parents, but if one of them is deceased or deprived of his parental authority, the consent must be given by the father or mother who exercises parental authority.
If there is no one to give consent under paragraph 1 or if the father or mother or the parents cannot express their consent or refuse to give it, and such refusal was made unreasonably and has adversely affected the health, progress and well-being of the minor, the mother or father, the person who proposes to be the adopter or the public prosecutor may ask the court to authorize the adoption instead of give consent under paragraph 1.
Section 1598/22. If the minor to be adopted has been abandoned and has been placed under the supervision of a child protection institution under the Child Protection Act, the institution must give consent on behalf of his parents . If the institution refuses to give this consent, the provisions of paragraph 2 of article 1598/21 apply mutatis mutandis.
Section 1598/23. If the minor to be adopted has not been abandoned but has been placed under the supervision of a child protection institution in accordance with the Child Protection Act, the parents or one of the parents, if the other is deceased or if parental authority has been withdrawn, may draw up a letter of authority instructing the said institution to give its consent to the adoption, and the provisions of article 1598/22 apply mutatis mutandis.
The power of attorney referred to in the first paragraph cannot be revoked as long as the minor is cared for and maintained by this institution.
Article 1598/24. The person who has the power to consent to the adoption on behalf of the institution under article 1598/22 or article 1598/23 may adopt the minor placed under the supervision and maintenance of the institution as his or her own adopted child if the court granted the application made by that person instead of consenting to the adoption by the institution.
Article 1598/25. A married person who adopts or is adopted must obtain the consent of their spouse. If his spouse cannot express his consent or if he has left the domicile or residence and has not given any news for at least a year, the authorization of the court must be requested instead of the consent. of the spouse.
Section 1598/26. A minor who is the adopted child of a person cannot concurrently be adopted by another person, with the exception of the adopted child of the adopter's spouse.
If one of the spouses adopts as his adoptive child the minor who has already been the adoptive child of the other, the consent of the latter must be obtained and article 1598/21 is not applicable.
Article 1598/27. The adoption is valid if the registration is carried out in accordance with the law. If the person to be adopted is a minor, he must first comply with the law on the adoption of the child.
Article 1598/28. The adopted child acquires the status of legitimate child of the adopter, without his rights and duties in the family to which he belongs by birth being impaired. In this case, the natural parent loses parental authority, if any, from the moment the child is adopted.
The provisions of Title 2 of this book apply mutatis mutandis .
Section 1598/29. Adoption does not create for the benefit of the adopter the right of a legal heir to the succession of the adopted person.
Article 1598/30. If the adoptee dies without a spouse or descendant before the adopter, the adopter has the right to claim from the estate of the adoptee the property which was given to the adoptee by the adopter and which still exists in kind after liquidation of the estate.
An action to assert the right provided for in the first paragraph may not be brought more than one year after the day on which the adopter knew or should have known of the death of the adopted person, nor more than ten years after the death of the adoptee. 'adopted.
Article 1598/31. If the adoptee has become sui juris , dissolution of the adoption may be made at any time by mutual consent of the adoptees.
If the adoptee is not yet sui juris , the dissolution of the adoption takes place after obtaining the consent of the parents, and Articles 1598/20 and 1598/21 apply mutatis mutandis.
In the case where the adoption was carried out under article 1598/21, paragraph 2, article 1598/22, article 1598/24 or article 1598/26, paragraph 2, if the adoptee is not yet sui juris , the dissolution of the adoption takes place only by court order at the request of an interested person or the public prosecutor.
The dissolution is only valid if the registration is carried out in accordance with the law.
Section 1598/32. The adoption is dissolved if the marriage is contracted in violation of article 1451.
Section 1598/33. With respect to the action for dissolution of the adoption:
Article 1598/34. The action for dissolution of adoption is prescribed by one year from the day on which the plaintiff knew or should have known of the fact which constitutes the cause of the dissolution, or by ten years from the occurrence of this fact.
Article 1598/35. If the adoptee is under fifteen years of age, the action for dissolution of the adoption is brought in his name by the natural parents. If the adoptee is over fifteen, he can bring the action without having to obtain anyone's consent.
The public prosecutor may, in the case provided for in the first paragraph, bring the action in the name of the adopted child.
Section 1598/36. The dissolution pronounced by the court takes effect from the moment the judgment has become final. However, it can only be established to the detriment of the rights of third parties in good faith if it has been registered.
Article 1598/37. In the event of the death of the adopter or dissolution of the adoption, the natural parents recover parental authority, in the case of an adopted child who is not yet sui juris , from the date of the death of the adopter or from the date of registration of the dissolution of the adoption in accordance with article 1598/1 or from the date on which the final judgment of dissolution of the adoption was pronounced by the court, unless the court has decided otherwise in good time.
When a tutor of an adopted child has been appointed before the death of the adopter or before the dissolution of the adoption, he retains his powers and functions, unless the natural parents of the child have makes the application to the court and that the latter has issued an order restoring parental authority over these applicants.
The change of the person exercising parental authority under paragraph 1 or of the guardian under paragraph 2 above does not affect the rights of the third party acquired in good faith before the dissolution of the registration of the adoption of the child.
The Attorney General is the person empowered to petition the court for an order contrary to paragraph 1 above.
Article 1598/38. Maintenance may be claimed between husband and wife or parent and child when the party entitled to it has not received maintenance or has received insufficient maintenance in relation to his living conditions. The court decides the amount and extent of maintenance to be granted or not, taking into account the ability of the person obliged to provide the maintenance, the creditor's living conditions and the circumstances of the case. .
Section 1598/39. When an interested person can demonstrate that there has been a change in the circumstances, means or living conditions of the parties, the court may modify the maintenance payment by canceling it, reducing it, increasing it or restoring it.
If the court makes an order not to award support solely because a party is unable to provide support at that time, the court may be asked to vary the order. rendered in this case if the circumstances, means or living conditions of the other party have changed and the plaintiff, after taking into account the circumstances, his means and his living conditions, should receive support.
Section 1598/40. Maintenance is provided by periodic cash payments, unless the parties agree to pay otherwise or in another manner. However, in the absence of such an agreement and for special reasons, the court may, at the request of one of the parties and if it deems it appropriate, determine whether maintenance should be paid otherwise or in a otherwise and whether payment is to be made in cash. In the event of a request for the maintenance of a child, the court may, if there are special reasons and if it deems it appropriate, decide that the maintenance must be ensured by means other than those agreed by the parties. or those requested by one of them, for example by sending the child to an educational or vocational training establishment and by charging the costs incurred to the person required to provide maintenance.
Section 1598/41. The right to maintenance cannot be waived, seized or transferred and is not enforceable.
