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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: 208

Section: 1578 - 1582

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

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

 

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

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

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

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

 

Section 1580.- The minor having been sui juris, the person exercising the parental right or the guardian can make a certificate to the management of the minor’s property after the property, account and documents as provided in Section 1578 have been obtained.

 

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

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

 

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

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