Book2 Division01 Title02 Chapter02 01

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.

Section 39.

• The lawful representative of a minor is the person who exercises parental power over him or, in the absence of such person, his guardian.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 40.

• The parental power belongs to the father.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 41.

• The parental power is exercised by the mother in any of the following cases:
• (1) if the father is unknown;
• (2) if the father is dead;
• (3) if the father is absent, or ill, or deprived of liberty, or otherwise unable to exercise his power ;
• (4) if the father has been deprived of his parental power by an order of the Court;
• (5) in case of divorce, if the minor is in the custody of the mother.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 42.

• If the parent who exercises parental power illtreats the minor or mismanages his property, or leads a disreputable life, or has been sentenced to imprisonment for more than one year for an offence punishable under Book II. Titles 1, 5, 6, 7, 8 or 9 of the Penal Code, the Court may deprive him of his parental power on application of the Public Prosecutor or of any person interested.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 43.

• A person who has been deprived of his parental power may resume it by order of the Court if the reason for such deprivation ceases to exist.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 44.

• If, owing to the death of both parents or to any other cause, there is no parent who exercises parental power, the minor must be provided with a guardian.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 45.

• A guardian can be appointed by will of the parent who last exercised the parental power.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 46.

• If there is no guardian appointed by will or if the guardian appointed by will refuses the guardianship, the guardian shall be the person who assumes such position by voluntarily taking care of the person and property of the minor.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 47.

• If no person voluntarily assumes the guardianship, a guardian shall be appointed by the Court of its own motion or on application of the Public Prosecutor or of any interested person.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 48.

• The order of the Court appointing a guardian to a minor shall be published in the Government Gazette by the care of the Court.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 49.

• [I] The Court shall appoint as guardian a person fit to take care of the person and property of the minor.
• [II] As far as possible, the Court shall appoint as guardian an ascendant or collateral of the minor.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 50.

• A guardian may refuse or resign the guardianship.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -

Section 51.

• The Court may, of its own motion or on application of the Public Prosecutor or of any interested person, remove a guardian for reasonable cause and appoint another guardian in his stead.

《Genealogies》

1. Codes of 1923: -
2. Codes of 1925: -
3. Codes of 1992: -