Book2 Division01 Title02 Chapter02 02
From Thai Codification Draft of 1919
DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.
- The today existing (probably) only copy of its publication is in possession of the main library of Bangkok University. The detailed information and images of the original sources are available on the Centennial Website.
- The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the "French Advisers' Heritage".
BOOK ON CAPACITY OF PERSONS.
DIVISION I. Natural Persons.
TITLE II. Incapacitated Persons.
Chapter II. Minors.
II. Management of a minor's property by his lawful representative.
1° Management by parent.
Section 52.
- [I] Acts done by the parent who exercises parental power within the limits of his power are binding on the minor.
- [II] Notifications made by him or to him are deemed to be notifications made by or to the minor.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 53.
- [I] The parent who exercises parental power is the manager of the property of the minor.
- [II] He must manage such property with the same care as a person of ordinary prudence.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 54.
- As long as a parent exercises parental power, he is entitled to the earnings of the minor and to the income of the property belonging to the minor.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 55.
- The parent who exercises parental power cannot enter into any of the following contracts with regard to the property of the minor, except with the consent of the Court:
- (1) Sale or mortgage of immovable property,
- (2) Loan of money,
- (3) Compromise.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 56.
- [I] The parent who exercises parental power cannot enter into any contract with the minor, except with the consent of the Court.
- [II] The Court shall not give its consent unless it is satisfied that the contract will benefit the minor.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 57.
- The parent who exercises parental power cannot dispose gratuitously of the property of the minor except for performing on his behalf religious or social duties, according to custom.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 58.
- The parent who exercises parental power cannot do on behalf of the minor an act which by reason of its nature cannot be done through a representative, such as marrying, or making a will, or tendering an oath.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 59.
- [I] An act done by the parent who exercises parental power without the consent of the Court, when such consent was required (S. 55 and 56), is voidable.
- [II] The following persons only can claim cancellation of such act or ratify it:
- (1) A new lawful representative of the minor, provided he is acting with the consent of the Court, or
- (2) The minor himself, after he has become of full age, or
- (3) His heirs.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 60.
- [I] An act done by the parent who exercises parental power contrary to the provisions of section 57 is voidable.
- [II] The following persons only can claim cancellation of such act or ratify it:
- (1) The minor, after he has become of full age, or
- (2) His heirs.
- [III] Cancellation may be claimed also by the lawful representative.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 61.
- The right to claim cancellation of a voidable act done by the parent who exercises parental power is extinguished by prescription five years after the minor becomes of full age.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 62.
- An act done by the parent who exercises parental power contrary to the provisions of Section 58 is void.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 63.
- [I] When a parent ceases to exercise parental power, he is bound to return the property which was under his management and to render proper accounts of the management.
- [II] He is liable to the minor for any injury resulting from his having not managed the property of the minor with the same care as a person of ordinary prudence.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 64.
- The property must be delivered and the accounts rendered to the child if he has become of full age, or to his new lawful representative, or to his heirs, as the case may be.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 65.
- If the parent who exercises parental power dies, his heirs are bound by the provisions of the two foregoing sections.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 66.
- An action in connection with the management of the property of a minor by parent can with the consent of the Court be entered by the child, or on his behalf, against the parent.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 67.
- The right to enter an action in connection with the management of the property of a minor by parent is extinguished by prescription five vears after the minor became of full age.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
2° Management by Guardian.
Section 68.
- The guardian of a minor is not entitled to remuneration.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 69.
- The power of management and representation of a guardian is governed, mutatis mutandis, by sections 52 to 62 concerning parental power, but is subject to the limitations provided by the three following sections.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 70.
- The guardian must make an inventory of the property at the time when he assumes its management: such inventory shall be made in the presence of, and signed by, two witnesses.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 71.
- The Court may, at any time, of its own motion or on application of the Public Prosecutor or of any interested person, require the guardian:
- (1) to give information as to the condition of the property of the minor;
- (2) to give security for the management and return of the same property.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 72.
- [I] The guardian is entitled only to such part of the earnings of the minor and of the income of his property as is necessary for the support and education of the minor.
- [II] He must account to the minor for the surplus.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
Section 73.
- On extinction of guardianship the return of the property which was under the management of the guardian and the settlement of accounts are governed, mutatis mutandis, by sections 63 to 67 concerning parental power.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992: -
