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ResourcesThai Civil and Commercial CodeBook5Book V Family Title II Parent and Child Chapter II Rights and Duties of Parent and Child

Book V Family Title II Parent and Child Chapter II Rights and Duties of Parent and Child

Page: 207

Section: 1574 - 1577

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 the 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 mortgageable 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 mortgageable 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) or (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 to 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 which such act shall be void.

 

Section 1576.- The interest 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 interests 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, or, in default, by the Court, and his management shall be subject to Section 56, Section 57 and Section 60.