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ResourcesThai Civil and Commercial CodeBook5Book V Family Title I Chapter IV Property of Husband and Wife

Book V Family Title I Chapter IV Property of Husband and Wife

Page: 190

Section: 1476_1 - 1482

Section 1476/1.- The husband and wife can manage the Marriage Portion differently in whole or in part from the provisions of Section 1476 when the ante-nuptial agreement in accordance with Section 1465 and Section 1466 has been done. In the case as above stated, the management of the Marriage Portion shall be done in compliance with the Ante-Nuptial Agreement.

In case of the ante-nuptial agreement having specified the management of the Marriage Portion are only a part of Section 1476, the management of the other Marriage Portion than the specified in the Ante-Nuptial Agreement shall be done under Section 1476.

 

Section 1477.- Either husband or wife is entitled to sue, defend or proceed with the case in respect of the maintenance of the Marriage Portion, or for benefit of the Marriage Portion. The debts occurred out of suit, defence or proceedings as aforesaid shall be considered as the obligation being performed jointly by both spouses.

 

Section 1478.- When one of the spouses is to give the consent or to affix a signature together with the other spouse as to manage the property, but either of them unreasonably refuses to give the consent or to affix the signature, or is not in the condition to give the consent, the other party may apply to the Court to order for granting the necessary permission.

 

Section 1479.- An act, which is made by the husband or wife, is to require the consent jointly, and if such act is required by the law being done in writing or registered by the competent official, the consent is to be given in writing.

 

Section 1480.- The management of the Marriage Portion having to be done jointly or being to obtain the consent from the other spouse in accordance with Section 1476, if either spouse having entered into the Juristic Act alone, or without the consent of the other party, the other party may apply to the Court to revoke the Juristic Act, unless the Juristic Act has been ratified by the other spouse, or at the time of entering into Juristic Act, there is a third person therein acting in good faith and done the counter-payment.

The suit for cancellation of the Juristic Act by the Court in accordance with the first paragraph cannot be done later time than one year as from the day when the ground of the cancellation has been known, or later time than ten years since the Juristic Act to be made.

 

Section 1481.- Neither husband nor wife is entitled to make a will to devise the Marriage Portion in excess of own portion to the other person.

 

Section 1482.- In case of either husband or wife is the sole manager of the Marriage Portion, the other spouse is still entitled to manage the household affairs or to procure the necessaries of the family suitable to condition in own life, the expenses therefor would bind to the Marriage Portion and the Separate Property of both.

If the husband or the wife to have managed the household affairs or procured the necessaries of the family results in undue loss, the other spouse may apply to the Court for forbidding or limiting of such power.