Section 1598/15.- If the Court adjudges the husband or wife incompetent and makes the wife or the husband a guardian, the provisions concerning the right and duty of the person exercising the parental power shall apply mutatis mutandis, except the rights under Section 1567 (2) and (3).

 

Section 1598/16.- The spouse who is the guardian of the other spouse having been adjudged incompetent by the Court has the power to manage the Separate Property of the latter and has the power to manage solely the Marriage Portion.

 

Section 1598/17.- Where the husband or wife has been adjudged incompetent and the other spouse has been considered not proper to be the custodian and whereby his or her father or mother or an outsider had to be appointed the custodian, the custodian shall, in this case, be a joint manager of the Marriage Portion with the other spouse, but the Court may order otherwise, if there are vital circumstances which may endanger the incompetent person.

However, the other spouse has the right to apply to the Court for an order dividing the Marriage Portion if there exist circumstances as provided in paragraph one.

 

 Section 1598/18.- In case of the parents are the guardian of the child who is not sui juris, the provisions concerning power and duties of the person exercising parental power shall apply mutatis mutandis. But, if the child becomes sui juris, the provisions concerning power and duties of the guardian shall apply mutatis mutandis, except the right under Section 1567 (2) and (3).

 

CHAPTER IV

ADOPTION

 

Section 1598/19.- A person who is not less than twenty-five years old may adopt another, provided he is at least fifteen years older than the adopted person.

 

Section 1598/20.- If the person to be adopted is not less than fifteen years of age, the adoption can take place only with the consent of the adopted person.

 

Section 1598/21.- If the person who is to be adopted is a minor, the adoption can take place only with the consent of his parents, but if one of his parents has died or has been deprived of his or her parental power, consent thereto has to be given by his father or mother who has parental power.

If there is no person to give consent under paragraph one or the father or mother, or parents cannot express his or her consent thereto or refuses to give his or her consent, and the refusal has been made unreasonably and has adversely affected the health, progress and welfare of the minor, the mother or father, the person intending to be the adopter or the Public Prosecutor may apply to the Court for an order allowing the adoption in lieu of giving the consent thereto under paragraph one.

 

Section 1598/22.- In case of the minor to be adopted has been deserted and been under supervision of an institution for child welfare under the law on child welfare and protection, the institution shall give consent on behalf of his parents. If the institution refuses to give such consent, the provisions of paragraph two of Section 1598/21 shall apply, mutatis mutandis.