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ResourcesThai Civil and Commercial CodeBook6Book VI Title IV Administartion and Distribution of an Estate Chapter I Administration of an Estate

Book VI Title IV Administartion and Distribution of an Estate Chapter I Administration of an Estate

Page: 233

Section: 1714 - 1724

Section 1714.- Where an administrator of the estate is appointed by the Court for a particular purpose, he is not bound to make an inventory of the estate unless the inventory is required for such purpose or by an order of the Court.

 

Section 1715.- A testator may appoint one or more persons to be administrators of his estate.

Unless otherwise provided by the will, if several persons have been appointed administrators and, because some of them are unable or unwilling to act, there remains only one, this latter is solely entitled to act as administrator ; if there remain several administrators, it is presumed that they cannot act separately.

 

Section 1716.- The functions of an administrator appointed by the Court begin from the day when the order of the Court is heard or is deemed to have been heard.

 

Section 1717.- At any time within one year from the death of the de cujus but after fifteen days from such death, any heir or any other interested person may give notice requiring any person appointed administrator by will to declare whether he accepts or refuses the administratorship.

If the person so notified does not declare his acceptance within one month from the receipt pf such notice, he is deemed to have refused. However, acceptance cannot be made after one year from the death of the de cujus unless by permission of the Court.

 

Section 1718.- The following persons cannot be administrators of an estate :

                  (1) Persons not sui juris ;

                  (2) Persons of unsound mind or adjudged quasi-incompetent ;

                  (3) Persons adjudged bankrupt by the Court.

 

Section 1719.- The administrator of an estate has the right and duty to do all such acts as may be necessary for complying with the express or implied order in the will and for the general administration or distribution of the estate.

 

Section 1720.- The administrator of an estate shall be liable to the heirs as provided by Section 809 to Section 812, Section 819 and Section 823 of this Code mutatis mutandis ; and as regards third persons Section 831 shall apply mutatis mutandis.

 

Section 1721.- An administrator of an estate is not entitled to receive remuneration out of the estate unless permitted by the will or by the majority of heirs.

 

Section 1722.- The administrator of an estate cannot, unless permitted by the will or by the Court, enter into any juristic act wherein he has an interest adverse to the interest of the estate.

 

Section 1723.- The administrator of an estate must act personally unless he can act by an agent through express or implied authority under the will or by order of the Court or by requirement of the circumstances for the benefit of the estate.

 

Section 1724.- The heirs are bound to third persons by acts which the administrator has done within the scope of his authority by virtue of his administratorship.

They are not bound by a juristic act entered into by the administrator with a third person if such juristic act was entered into for consideration of any property or other advantages given for his personal benefit or so promised to him by such person unless the heirs have given their consent.