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ResourcesThai Civil and Commercial CodeBook5Book V Family Title II Parent and Child Chapter III Guardianship

Book V Family Title II Parent and Child Chapter III Guardianship

Page: 209

Section: 1583 - 1588

Section 1583.- If the causes mentioned in the foregoing Section have ceased to exist, a person who has been partly or wholly deprived of parental power may recover it by permission of the Court on application made by him or by a relative of the minor.

 

Section 1584.- A person who has been deprived partly or wholly of parental power is not thereby relieved from the duty to furnish maintenance to the minor according to law.

 

Section 1584/1.- The father or mother would be entailed to contact his or her child, as may be suitable to the circumstances, irrespective of whether who is the person exercising the parental power or the guardian.

 

CHAPTER III

GUARDIANSHIP

 

Section 1585.- A person who is not sui juris and has no parents, or whose parents have been deprived of their parental power, may be provided with a guardian during minority.

In case of the person exercising the parental power has been deprived of a part of the parental power under paragraph one of Section 1582, the Court may appoint a guardian to exercise the part of parental power so deprived, or may, in case of the deprivation of the right of management from the person exercising the parental power having been effected under paragraph two of Section 1582, appoint a guardian for management of the property.

 

Section 1586.- The guardian under Section 1585 shall be appointed by the order of the Court on application of a relative of the minor, the Public Prosecutor or of the person whose name has been specified in the will by the last surviving parent.

Subject to Section 1590, the Court shall, in case of there is a testamentary disposition on the appointment of the guardian, appoint the guardian accordingly unless the will is not effective or the person specified in the will is prohibited to be the guardian under Section 1587.

 

Section 1587.- Any person sui juris may be appointed a guardian, except the following :

                  (1) Person adjudged incompetent or quasi-incompetent ;

                  (2) Person who is bankrupt ;

                  (3) Person who is unfit to take charge of the person or property of the minor ;

                  (4) Person having or having had lawsuit against the minor, ascendants or brothers and sisters of full blood or brothers and sisters of half-blood of the minor ;

                  (5) Person having been excluded by name in writing from the guardianship by the deceased parent.

 

Section 1588.- If it appears that the person appointed as the guardian by the Court is at the time of appointment a prohibited person under Section 1587, the Court shall, upon the Court’s own knowledge or on application of an interested person or of the Public Prosecutor, revoke the order of appointment of that person and shall give such order concerning the guardian as the Court thinks fit.

The revocation of the order of appointment of the guardian under paragraph one does not affect the right of the third person acting in good faith unless in the case of revocation of the order of appointment of the prohibited person under Section 1587 (1) or (2), the acts done by the guardian are not binding the minor whether the third person acted in good faith or not.