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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: 211

Section: 1597 - 1598_7

Section 1597.- The Court may, of its own motion or on application of any interested person or of the Public Prosecutor, order a guardian :

                  (1) To furnish proper security for the management as well as for the return of the ward’s property ;

                  (2) To give information as to the condition of the ward’s property.

 

Section 1598.- Where during the guardianship the ward acquires a valuable property by succession or gift, Section 1592 to Section 1597 shall apply, mutatis mutandis.

 

Section 1598/1.- The guardian shall render account to the Court concerning the property once a year as from the day when he becomes the guardian. However, the Court may, after the account for the first year has been rendered, order that the account be rendered at a longer interval than one year.

 

Section 1598/2.- The guardian has the same rights and duties as a person exercising parental power as provided in Section 1564 paragraph one and Section 1567.

 

Section 1598/3.- A guardian is the legal representative of the ward.

Section 1570, Section 1571, Section 1572, Section 1574, Section 1575, Section 1576 and Section 1577 shall apply to the guardian and ward, mutatis mutandis.

 

Section 1598/4.- A guardian may dispose only of such part of the income of the ward as is necessary for the maintenance and education of the latter. The residue shall be invested only :

                  (1) In bonds issued by the Thai government or in bonds guaranteed by the Thai government ;

                  (2) In taking sale with the right of redemption or in mortgage of immovable property of first rank, the amount of which must not exceed half of the market value of such property ;

                  (3) In fixed deposit in a bank established by law or authorised to carry on business in the kingdom ;

                  (4) In any other investment which may be specially authorised by the Court.

 

Section 1598/5.- After the ward has reached discretion and age is not less than fifteen years complete, the guardian must, in all important transactions, consult him first, so far as it is possible to do so.

The fact that the ward has given consent does not exonerate the guardian from liability.

 

Section 1598/6.- Guardianship is terminated by the death of the ward or by the ward becoming sui juris.

 

Section 1598/7.- The functions of the guardian are terminated when the guardian :

                  (1) Is dead ;

                  (2) Resigns by permission of the Court ;

                  (3) Becomes incompetent or quasi-incompetent ;

                  (4) Becomes bankrupt ;

                  (5) Is revoked by the order of the Court.