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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: 191

Section: 1483 - 1487

Section 1483.- In case of the husband or wife is entitled to manage the Marriage Portion, if the husband or wife is going to commit or is committing an act in the management of the Marriage Portion appearing to result in undue loss, the other spouse may apply to the Court for an order to forbid the commission of the act.

 

Section 1484.- If either husband or wife who is entitled to manage the Marriage Portion :

                  (1) Manages causing undue loss to it ;

                  (2) Fails to support the other souse ;

                  (3) Becomes insolvent or incurs debts to the amount exceeding one half of the Marriage Portion ;

                  (4) Impedes the management of the of the Marriage Portion of the other spouse without reasonable ground ;

                  (5) The existing circumstances will injure the Marriage Portion ;

The other spouse may apply to the Court for to order him or her to be to be the sole manager or to divide the Marriage Portion.

In case of the first paragraph, if there is the application, the Court may determine the temporary protective measures in the management of the Marriage Portion as it may think fit. If it is an emergency case, the provisions on the request in the emergency case in accordance with the Civil Procedure Code shall be applied.

 

Section 1484/1.- In case of having the order of the Court to forbid or to limit the power of either husband or wife to manage the Marriage Portion in accordance with Section 1482, Section 1483 or Section 1484, if the ground of such act or the circumstance has later changed, either husband or wife may apply to the Court for cancellation or change of the order to forbid or to limit the power for managing the Marriage Portion. In this case, the Court may have any order as it may think fit.

 

Section 1485.- The husband or wife may file an application with the Court to authorise him or her being the manager of any particular Marriage Portion or participating in the management, if the management or the participation will create more benefit.

 

Section 1486.- When the Court has had the judgement or the final order in accordance with the second paragraph of Section 1482, Section 1483, Section 1484, Section 1484/1 or Section 1485 being favour of the applicant, or Section 1491, Section 1492/1 or Section 1598/17, or when the husband or the wife having been relieved from being bankrupt, the Court shall notify the matter to the Registrar to have it entered in the Marriage Register.

 

Section 1487.- During being husband and wife, a spouse cannot seize or attach any property of the other party, unless the seizure or the attachment to be made in the case having been entered for the purpose of exercising his or her duties or for maintaining right between husband and wife as specially provided in this Code or as specially provided by this Code to allow one spouse to sue the other party, or the seizure or the attachment for maintenance and costs under the judgement of the Court.