ក្រមរដ្ឋប្បវេណី (គន្ថីទី៧)

Relatives shall refer persons listed below: a. Relatives by consanguity up to the sixth degree of relationship; b. Spouses; and c. Relatives by affinity up to the third degree of relationship.

(1) The degree of relationship shall be determined by counting the number of generations between Relatives. (2) The degree of relationship between collateral Relatives shall depend on the number of generations ascending from one of the Relatives, or his/her spouse, back to the common ancestor, and then descending from such ancestor to the other relative.

The same relationship as between Relatives by consanguinity shall arise at the time of adoption between the Adoptee, and the Adopter and his/her Relatives by consanguinity.

(1) Affinity shall be terminated through divorce. (2) The same as set forth in paragraph (1) shall apply should, after the death of a spouse, the surviving spouse remarry or declare his/her intention to terminate affinity.

The relationship between an Adoptee, his/her spouse, his/her lineal descendants and their spouses on the, and the Adopter and his/her Relatives by consanguity on the other hand, shall be terminated through the dissolution of the adoption.

(1) Stakeholders of families shall respect each other’s rights and freedoms, and shall support each other. (2) Family stakeholders shall prevent domestic violence and infringements of each other’s human rights.

An engagement shall be formed through a promise to marry in the future between a man and a woman, and the performing of an ceremony of engagement.

Should an engagement be dissolved, the party who has presented an engagement gift to the other party in the expectation of the formation of marriage may demand the return of such gift from the other party.

Should an engagement be revoked by one of the parties without good cause, the other party may demand compensation for damage arising from such revocation.

A suit relating to Article 945 (Return of engagement gift) or to Article 946 (Liability for improper revocation) shall be filed no later than one year following the dissolution of the engagement.

Neither men nor women may marry until they have reached the age of 18. However, should one of the parties have attained the age of majority and the other party be a minor at least 16 years of age, the parties may marry with the consent of the parental authority holders or guardian of the minor.

A person who has a spouse may not effect an additional marriage.

(1) A woman shall not remarry until 120 days have elapsed from the day of the dissolution or annulment of her previous marriage. (2) The provisions of paragraph (1) shall not apply should the woman already be pregnant prior to the dissolution or annulment of the previous marriage and has given birth, or if she has a doctor’s certificate that she is not pregnant.

(1) No marriage may be effected between lineal Relatives by consanguinity, nor between collateral Relatives by consanguinity up to and including the third degree of relationship. (2) Paragraph (1) shall apply notwithstanding the termination of relationship pursuant to the provisions of Article 1013 (Dissolution of full adoption) or Article 1029 (Effect of dissolution of simple adoption).

(1) No marriage may be effected between lineal Relatives by affinity. The same shall apply notwithstanding the termination of affinity pursuant to the provisions of Article 941 (Extinguishment of affinity), Article 1013 (Dissolution of full adoption) or Article 1029 (Effect of dissolution of simple adoption). (2) No marriage may be effected between collateral Relatives by affinity up to and including the third degree of relationship. The same shall apply notwithstanding the termination of affinity pursuant to the provisions of Article 941 (Extinguishment of affinity). This provided that should either husband or wife have died, the surviving spouse may marry a person who was a collateral relative by affinity up to and including the third degree of relationship.

(1) Should one of the parties wishing to marry be a minor, the consent of parental authority holders or guardian shall be obtained. (2) Should one of the parental authority holders not consent, the consent of the other parental authority holder shall be sufficient. (3) Should the parental authority holders or guardian unreasonably refuse consent, the minor wishing to marry may apply to the court for judgment in place of consent.

A General Ward may marry if he/she has the minimum capacity required to effect a marriage. In such case, the consent of the General Guardian shall not be required.

(1) A marriage shall come into effect by virtue of notification, public notice, conclusion of a marriage contract in the presence of the family registration official, and registration of the marriage. (2) The notification, public notice, conclusion of marriage contract and registration described in paragraph (1) shall be effected in accordance with the procedures prescribed status registration.

Notification of marriage may be accepted only after confirming that there is no infringement of Article 948 (Marriageable age) through Article 954 (Marriage of General Ward), inclusively.

(1) Cambodians abroad wishing to marry may effect notification, public notice and conclusion of the contract of marriage in the presence of a Cambodian Ambassador, Minister or Consul accredited in that country, and registration of the marriage. (2) The public notice described in paragraph (1) shall be effected through the posting of a notice at the Cambodian diplomatic establishment in the relevant country.

A marriage shall be treated as void only in the following situations: a. Should there be no intention to marry between the parties on the account of a mistake as to the identity of the other party, coercion or other cause; b. Should the parties not effect notification, public notice, conclusion of the contract of marriage or registration thereof. This provided that a slight procedural defect alone shall not preclude validity of the marriage.

Annulment of a marriage shall be effected in accordance with Article 960 (Annulment of unlawful marriage) through Article 963 (Annulment of marriage based on fraud or duress).

(1) Either party to a marriage, their parents or a public prosecutor may apply to the court for the annulment of a marriage effected in contravention of Article 948 (Marriageable age) through Article 952 (Prohibition against marriage between Relatives by affinity). This provided that a public prosecutor may not make such an application after the death of one of the parties. (2) A spouse or former spouse of the party may also apply for annulment of a marriage effected in contravention of Article 949 (Prohibition against bigamy) or Article 950 (Period of prohibition for remarriage).

Extinguishment of right to annul marriage under marriageable (1) No application may be made to annul a marriage effected in contravention of Article 948 (Marriageable age) once the under-age party attains a marriageable age. (2) An underage party to a marriage may apply for annulment of the marriage during a period of 3 months following his/her attainment of the marriageable age, except should he/she have ratified the marriage after attaining the marriageable age.

Upon the lapse of 120 days from the day of dissolution or annulment of the previous marriage, or should the woman have become pregnant after her remarriage, no application may be made for annulment of a marriage effected in breach of the provisions of Article 950 (Period of prohibition for remarriage).

(1) A person who has been induced by fraud or duress to effect a marriage may apply to the court for annulment of such marriage. (2) The right of annulment described in paragraph (1) shall be extinguished should 3 months have elapsed since the party discovered the fraud or became free of the duress, or should the party have ratified the marriage.

(1) The annulment of a marriage shall not be retroactive. (2) Should a party who was unaware at the time of marriage of the existence of a grounds for annulment have acquired property as a result of the marriage, he/she shall return such property to the extent that he/she currently benefits thereby. (3) A party who was aware at the time of the marriage of the existence of grounds for annulment shall return the whole of the benefit that such party obtained as a result of the marriage. They shall furthermore be liable to compensate the other party for any damage if the other party acted bona fide. (4) The provisions of Article 988 (Presumption of paternity) shall apply mutatis mutandis to any child born to the parties of a marriage that is to be annulled. (5) Should a marriage that ought to be annulled be dissolved, the provisions of Article 980 (Division of property) shall apply mutatis mutandis.

A married couple may use the surname of the husband or the wife, or their respective maiden names, in accordance with their agreement at the time of the marriage.

The husband and wife shall cohabitate, cooperate and assist each other.

The husband and wife shall be free to choose their occupation and to participate independently in political, cultural and social activities.

In the application of this Code, a minor who marries shall be deemed to have attained his/her age of majority by so doing.

(1) Prior to or after their marriage, a husband and wife may enter into a contract governing their property relationship. This provided that such contract may not contravene the provisions governing the right to demand support and legally secured portions. (2) Unless the husband and wife have entered into a contract with regards to their property, their property relationship shall be governed by the provisions of Sub-section II (The Statutory Property System).

(1) A matrimonial property contract shall be concluded in writing. (2) Should the husband and wife conclude a contract that differs from the statutory property system, such contract shall not be held up against third parties unless it has been registered.

Husband and wife shall share the expenses of married life, taking into account their property, income and all other circumstances.

The types of property listed below shall be treated as separate property belonging to one of the spouses alone: a. Property held by a spouse prior to marriage; b. Property acquired by a spouse during the marriage by gift, succession, or testamentary gift; and c. Property obtained as the consideration for disposing of property described in items (a) or (b) above.

Common property shall refer to any and all property acquired during the marriage by one or both spouses, other than property described in items (b) or (c) of Article 972 (Separate property).

(1) Husband and wife shall have equal rights to use, enjoy the benefits from and manage the common property. Each of them shall also have the right to use, enjoy the benefits from and manage their own property. (2) Husband and wife shall have the right to use the common property to the extent necessary for their daily life. (3) Husband and wife shall jointly manage the common property. Either spouse may demand that the other spouse take any measures required in order to secure, maintain and preserve the common property. (4) Should no agreement concerning the management or use of the common property be reached upon consultation between the spouses or should consultation be unable to be held between the spouses, either spouse may seek judgment by the court concerning such management or use.

Husband and wife shall be jointly liable for the following Obligations: a. Expenses for the maintenance of the cohabitation of the husband and the wife, and expenses for the care of children such as education and medical expenses; b. Obligations and other liabilities agreed in writing by both spouses with an Obligee during the marriage, and Obligations and other liabilities assumed by one of the spouses with the written consent of the other spouse during the marriage; and c. Expenses for the management and maintenance of the common property.

(1) Common property shall not be sold or otherwise disposed of without the consent of both spouses. (2) Notwithstanding paragraph (1), provided that permission of a court has been obtained, one spouse may sell or otherwise dispose of common property in circumstances where such is unavoidable in relation to the preservation of matrimonial cohabitation and livelihood. (3) Should one of the spouses sell or otherwise dispose of a common property without the consent of the other spouse nor the permission of a court, the non-consenting spouse may demand that the court nullify such disposition within two years from the date on which said spouse became aware of such disposition if the common property that was disposed of is an immovable, and one year commencing from the date when said spouse became aware of such disposition if the common property that was disposed of is a movable.

(1) A spouse may reside in the separate property of the other spouse if such property has been provided as the matrimonial residence. (2) In the case set forth paragraph (1), even should the separate property of one spouse that has been provided as the matrimonial residence be disposed of without the consent of the other spouse, the other spouse may continue residing upon such immovable.

(1) Husband or wife may bring a suit for divorce only under the following circumstances: a. Should the other spouse has committed an act of infidelity; b. Should he/she have been deserted without good cause by the other spouse; c. Should it have been unknown for a year or more whether the other spouse is alive or dead; d. Should the other spouse have been living apart contrary to the spirit of marriage continuously for one year or more; or e. Should the matrimonial relationship have otherwise degenerated and there is no prospect of reconciliation. (2) Even for circumstances falling under paragraph (1), the court, taking account all circumstances, may dismiss a demand for divorce if divorce would cause extreme hardship or anguish upon the other spouse or their children. (3) Even where the grounds described in item (d) or (e) of paragraph (1) exist, the court may, at its discretion, dismiss a demand for divorce should it find that the demand is in bad faith due to the petitioner having seriously neglected to cooperate with and/or assist the other spouse.

Should both parties to a marriage have agreed to divorce, they may petition the court for divorce. This provided that the court may only grant a divorce after confirming that the parties truly desire to dissolve the matrimonial relationship via divorce.

(1) In case of divorce, the property15 shall be divided fairly in accordance with the agreement of the parties to the marriage. (2) Should the spouses be unable to agree through consultation, the property shall be divided in accordance with the following provisions: a. Each spouse shall retain separate property stated in Article 972 (Separate property); b. Each spouse shall have the right to receive one half of the common property in addition to his/her separate property. This provided that where there are special circumstances and an application has been filed by one of the parties, the court may divide the common property taking into account all circumstances, including, without limitation, the contribution of each spouse to the acquisition, maintenance and increase of property, the period of the marriage, the living standard during the marriage, the age, mental and physical condition of each spouse, their occupations, income and earning capacity, the welfare of any children, and any other similar factor. (3) Housework shall be deemed to have the same value as work outside the home.

A wife or husband who has changed his/her surname on account of marriage may again use their maiden name or may use the surname that was being used at the time of the divorce.

(1) A suit for divorce shall be filed at the court having jurisdiction in accordance with Article 10 (Special jurisdiction in cases involving divorce, parent-child relationships) of the Code of Civil Procedure. 15 This term refers to all property of both parties inclusively. (2) Either party to a marriage may file a petition for divorce at the commune or sangkat council of the domicile or location of residence as prescribed in paragraphs (1) or (3) of Article 10 (Special jurisdiction in cases involving divorce, parent-child relationships) of the Code of Civil Procedure. In such case the commune or sangkat council may attempt conciliation during a period of 15 days following its receipt of the petition. Should conciliation be unsuccessful, the commune or sangkat council shall forward the complaint to the court immediately as if a suit has been filed.

Should such is necessary, a court which has accepted a suit for divorce, either upon petition of a party may make an order for provisional disposition relating to separation, custody of children, maintenance or management of property, support of a spouse, sharing of expenses of marriage, expenses of education of children, or other similar matters.

(1) Even should one of the parties be strongly demanding divorce, the court may recommend and attempt to persuade the parties to reconcile. (2) Should no agreement for reconciliation be reached, the court shall try the suit for divorce and render a judgment.

(1) The father or mother of a child shall report the birth no later than 30 days from the day of delivery to the commune or sangkat office. Should neither the father nor the mother be able to report the birth, an adult relative cohabiting with the child’s father or mother shall promptly report the birth. (2) Should the father and mother neglect to fulfill the Obligation described in paragraph (1) without good cause, they shall be subject to a fine of no more than ten thousand (10,000) riel.

(1) A person’s age shall be counted from the date of birth. (2) The provisions of Article 335 (Calculation of period by solar calendar) shall apply mutatis mutandis to the calculation of a person’s age.

The woman who gives birth to a child shall be the child's mother.

(1) A child conceived by a wife during the marriage shall be presumed to be the child of the husband. (2) A child born 180 days or more after the day on which the marriage was formed or born not later than 300 days after the day on which the marriage was dissolved or annulled shall be presumed to have been conceived during the marriage. (3) Should a woman who has remarried contrary to the provisions of Article 950 (Period of prohibition for remarriage) give birth to a child and the father of the child cannot be determined in accordance with the provisions of paragraphs (1) and (2), the child shall be presumed to be the child of the later marriage.

In cases described in Article 988 (Presumption of paternity), the husband or the child may deny the paternity.

(1) The husband shall exercise his/her right of denial of paternity under Article 989 (Denial of paternity) through a suit against the child. (2) The husband must file a suit of denial of paternity no later than 6 months after he/she becomes aware of the birth of the child. (3) Should the husband be a General Ward at the time of the expiration of the period described in paragraph (2), the said period shall be calculated from the time of the judgment rescinding the General Guardianship as set forth in Article 27 (Rescinding of declaration of commencement of general guardianship).

(1) A child shall exercise the right of denial of paternity under Article 989 (Denial of paternity) through a suit against the putative father. (2) Should a minor child exercises his/her right of denial of paternity and the child has neither a mother exercising the parental authority over said child nor guardian, the court shall appoint a special representative for the child. (3) Upon the lapse of 6 months following the attaining of majority by the child, he/she shall not exercise the right of denial of paternity. (4) Should the child be a General Ward at the time of the expiration of the period described in paragraph (3), said period shall be calculated from the time of the judgment rescinding the General Guardianship as set forth in Article 27 (Rescinding of declaration of commencement of general guardianship).

A denial of paternity shall have effect retroactive to the time of the birth of the child.

The father of a child may acknowledge the child. This shall not apply where the child already has a legal father.

Even should the father be a minor or a General Ward, the consent of his/her legal representative shall not be required for acknowledgement.

(1) The father may acknowledge a minor child. (2) A father may also acknowledge a child in the womb with the consent of the mother.

(1) A father may only acknowledge a child who already attained the age of majority with the consent of such child. (2) A father may acknowledge a deceased child only if such child has a lineal descendant or descendants. This provided that if any of such descendants are adults, their consent must be obtained. (3) Paragraph (2) of Article 997 (Formalities of acknowledgement) shall apply mutatis mutandis to consents under paragraphs (1) and (2).

(1) Acknowledgements shall be made by means of filing with a family registration official. It may also be made via will or testament. (2) The mother’s consent provided in paragraph (2) of Article 995 (Acknowledgement by father) may be effected by signature on the acknowledgement form.

A person who files a notification of birth as the father, allows his/her name to be entered into the birth register as the father and himself affixes his/her signature or thumbprint shall be deemed to have effected an acknowledgement of being the father of the child.

An acknowledgement shall have effect retroactive to the time of birth of the child. This provided that such shall not prejudice any rights already acquired by any third party.

A father who has effected an acknowledgement cannot rescind such acknowledgement.

(1) A child may file a suit for acknowledgement. This provided that a child who has not consented to acknowledgement under paragraph (1) of Article 996 (Acknowledgement of child who has attained majority and of deceased child) may not file such a suit. (2) Should a child be deceased, its lineal descendant may file an acknowledgement suit. (3) The child or its lineal descendant must file the acknowledgement suit no later than 1 year after becoming aware of the father. (4) Should the child or its lineal descendant be a minor or a General Ward at the time of becoming aware of the father, the period described in paragraph (3) shall be computed from the time of attaining majority or the time of the judgment rescinding the General Guardianship as set forth in Article 27 (Rescinding of declaration of commencement of general guardianship), as the case may be. (5) Should the child or its lineal descendant become aware of the father after the death of the father, an acknowledgement suit may be filed up to 1 year following the death of the father. (6) A suit described in paragraph (1) or (2) may be filed by the legal representative of the child or lineal descendant in place thereof.

(1) In cases where a person is noted in the birth register as the father despite there being no presumption of paternity, or as the mother despite the fact that she did not give birth to the child, the child may file a suit against such person seeking confirmation of the absence of paternity or maternity, as the case may be. (2) A person noted in the birth register as the father despite there being no presumption of paternity may file a suit seeking confirmation of the absence of paternity. (3) A person noted in the birth registry as the mother despite the fact that she did not give birth to the child may file a suit seeking confirmation of the absence of maternity. (4) A suit under paragraph (2) or (3) may not be filed in cases where legal paternity or maternity has arisen on account of intentional or gross negligence on the part of the registered father or mother, or where 20 years have elapsed since the birth of the child or the day on which the acknowledgement came into force. (5) Should the child be a minor, the parent who is not the counter-party to the suit shall represent the child. Should there be no such parent, if the parent cannot represent the child or if the suit seeking confirmation of absence of parenthood is against both of the parents, the court shall appoint a special representative for the child.

A confirmation of non-existence of parenthood shall have retroactive effects up to the time of birth. This provided that such shall not prejudice any rights already acquired by any third party.

(1) A child may file a suit seeking confirmation of maternity against the woman who gave birth to said child. (2) Should the child is deceased, its lineal descendant may file the suit described in paragraph (1). (3) The child or its lineal descendant shall file a suit under paragraph (1) no later than 1 year after becoming aware of the mother. (4) Should the child or its lineal descendant be a minor or a General Ward at the time of becoming aware of the mother, the period described in paragraph (3) shall be computed from the time of attaining the age of majority or the time of the judgment rescinding the General Guardianship as set forth in Article 27 (Rescinding of declaration of commencement of general guardianship), as the case may be. (5) Should the child or its lineal descendant become aware of the mother after the death of the mother, a suit described in paragraph (1) may be filed up to 1 year following the death of said mother. (6) A suit described in paragraph (1) or (2) may be filed by a legal representative of the child or lineal descendant in place thereof.

(1) A mother may file a suit seeking confirmation of maternity against a child to whom she gave birth. (2) A mother may also bring a suit under paragraph (1) if the child is deceased, but only should the child have a lineal descendant. (3) A mother must file a suit under paragraph (1) no later than 1 year after becoming aware of the child. (4) Should the mother have become aware of the child after the death of the child, she must file suit under paragraph (1) no later than one year after the death of said child. (5) Should the mother be a General Ward at the time of the expiration of the period described in paragraph (3) or (4), said period shall be computed from the time of the judgment rescinding the General Guardianship as set forth in Article 27 (Rescinding of declaration of commencement of general guardianship). (6) Should the child or lineal descendant who is the counter-party to a suit under paragraph (1) have attained majority, the mother shall not file the suit without the consent of the child or lineal descendant, as the case may be. (7) Even should it be proved that the woman gave birth to the child, the court may dismiss the mother’s suit if confirmation of maternity would be contrary to the interests of the child or the child’s lineal descendant, as the case may be.

A confirmation of maternity shall have effect retroactive to the time of birth. This provided that such shall not prejudice any rights already acquired by any third party.

Should the conditions provided in Article 1008 (Joint adoption with spouse) through Article 1012 (Criteria for determination of establishment of full adoption) be fulfilled, a court may on petition by the person(s) who will become the Adopter(s) establish a full adoption, whereby the relationship with the consanguinuitive Relatives on the natural parents’ side terminates.

(1) In order to assume the status of an Adopter, a person must have a spouse. (2) One spouse may not become an Adopter unless the other spouse does so as well. This provided that such shall not apply if one spouse becomes the Adopter of a natural child of the other spouse.

An Adopter shall be no less than 25 years of age, and no less than 20 years older than the Adoptee.

In principle, the Adoptee must be less than 8 years of age.

In order to establish a full adoption, the consent of the natural parents or guardian of the minor to be adopted shall be required. This shall not apply to cases where the natural parents are unable to declare their intention or where on the part of the natural parents there is cruelty, abandonment in bad faith or other conditions that are extremely detrimental to the child to be adopted.

Full adoption shall be established should it be extremely difficult or inappropriate for the natural parent(s) to care for said child or where other special circumstance exist such that it is considered specifically necessary for the benefit of the child.

In considering whether to establish full adoption, the court shall take into account the circumstances of the prospective Adopter(s) providing care and custody of the child to be adopted for a period of no less than 6 months, in principle.

The relationship between an Adoptee and its natural parents and their blood Relatives shall terminate upon full adoption. This provided that such shall not apply to the relationship with the other spouse and his/her blood Relatives prescribed in the provision of paragraph (2) of Article 1008 (Joint adoption with spouse).

(1) By virtue of the establishment of a full adoption, the Adoptee shall acquire the same status as that of a natural child of the Adopter(s), and shall have the same rights and Obligations as a natural child in relation to the Adopter(s). (2) The Adoptee may use the surname of the Adopter(s) or the child’s own surname prior to adoption. (3) An Adoptee shall be subject to the parental authority of the Adopter(s). This provided that where one spouse is becoming the Adopter of a natural child of the other spouse, the Adoptee shall be subject to the joint parental authority of the natural parent and the Adopter.

(1) Upon petition by the Adoptee, the natural parents or a prosecutor, the court may dissolve an adoption upon the occurrence of all events described below, should it be considered necessary for the benefit of the Adoptee: a. Cruelty or abandonment in bad faith on the part of an Adopter or other grounds that are extremely detrimental to the Adoptee; or b. The natural parents being able to carry out suitable care and custody of the child. (2) No adoption may be dissolved other than under the provisions of paragraph (1).

As of the date of the dissolution of a full adoption, the child shall have the same relationship with its natural parents and their blood Relatives as the relationship that was terminated through the full adoption.

Upon the establishment of a full adoption, a new birth certificate shall be prepared for the Adoptee. This provided that no reference to the adoption shall be made in any certified copy or abstract of the birth certificate.

A full Adoptee who has attained majority may request the court that maintains records of the full adoption to disclose information relating thereto to the extent necessary. This provided that such shall not apply if the objective of the request is improper. The court shall determine such matters as the mode of maintenance of records of full adoption and of requests for disclosure.

(1) A person aged 25 years or more, together with the Adoptee, may file a petition to the court for the establishment of a simple adoption. This provided that the Adoptee must not be an ascendant or senior of the Adopter. (2) Should the child being adopted be a minor, the parental authority holder or guardian shall make the petition described in paragraph (1) in the capacity of a legal representative.

Should a person with a spouse wish to adopt a minor, the petition prescribed in Article 1020 (Petition for simple adoption) must be made together with the spouse, provided that such shall not apply if the child being adopted is the spouse’s child or the spouse is incapable of declaring his/her intention.

Should a person with a spouse petition for a simple adoption, the consent of such spouse must be obtained. This provided that such shall not apply if the petition under Article 1020 (Petition for simple adoption) is made together with the spouse or the spouse is incapable of declaring his/her intention.

(1) The court may permit the establishment of an adoption only should it be able to confirm that the parties truly have the intention to form a parent-child relationship. (2) The court shall not permit the establishment of an adoption should it find that the adoption is being abused for heterosexual or homosexual marriage or any other unjust purpose.

(1) Should the Adoptee be a minor, the court shall only permit the establishment of an adoption should it find that such is especially necessary for the benefit of the minor. (2) Should the Adoptee be a minor whose natural parents have divorced, the court shall hear the opinion of the parent without parental authority in making its decision under paragraph (1). (3) Should the minor have attained the age of 15 years, the court must obtain his/her consent in establishing the adoption. Even if the minor is less than 15 years old but can express his/her intention, the court shall hear the minor’s opinion in making its decision under paragraph (1).

Should a guardian of a minor petition to adopt the minor under guardianship or a General Guardian petition to adopt the General Ward, the court may permit the establishment of an adoption only in cases where care of the person in guardianship and management of the person's property is being carried out properly. The same shall apply after the duties of the guardian have terminated, so long as the guardian’s accounts of his/her management have not been completed.

(1) Notwithstanding the establishment of a simple adoption, the relationship between the Adoptee and the natural parents shall continue, and the Adoptee and the natural parents shall have the right to inherit from each other. (2) The Adoptee and the natural parents shall have the right to claim support from the other and the Obligation to support the other.

(1) Provisions of paragraph (1) of Article 1015 (Effect of full adoption) shall apply mutatis mutandis to simple adoptions. (2) The Adoptee may use the surname of the Adopters or the Adoptee’s own surname prior to adoption. (3) Should an Adoptee be a minor, he/she shall be subject to the joint parental authority of the Adopters. This provided that where one spouse is becoming the Adopter of a natural child of the other spouse, the Adoptee shall be subject to the joint parental authority of the natural parent and the Adopter.

(1) Should the parties to an adoption have both agree to dissolve such adoption, they may petition the court for dissolution. (2) Should the Adoptee be a minor, the petition under paragraph (1) shall be made by the Adopter(s) and the person who is to become the Adoptee’s legal representative after dissolution of the adoption. This provided that if the Adoptee has attained the age of 15 years, his/her consent must be obtained. Should the Adoptee have not attained the age of 15 years but be capable of expressing his/her intention, the court shall hear his/her opinion. (3) In cases under paragraph (2), should the Adoptee’s natural parents be divorced, they shall, through consultation, determine which of them is to be the person with parental authority over the Adoptee after the dissolution of the adoption. (4) Should the consultations under paragraph (3) not lead to an agreement, or if such consultations cannot be held, the court shall determine the person who is to have parental authority, taking into account the welfare of the child.

Should the Adopters be a married couple, in order to dissolve the adoption of a minor the husband and wife must together make a petition as prescribed in paragraph (1) of Article 1028 (Dissolution of simple adoption by agreement). This provided that such shall not apply if either the husband or the wife is unable to express his/her intention.

Should a petition be made under paragraph (1) of Article 1028 (Dissolution of simple adoption by agreement), the court may grant the dissolution of the adoption only after confirming that both parties truly wish to dissolve the relationship of Adopter(s) and Adoptee.

(1) A party to an adoption may file a suit for dissolution based only on the following grounds: a. Being abandoned with malice by the other party; b. It being unclear for a year or more whether the other party is alive or dead; or c. Other significant grounds making it difficult to continue the adoption. (2) So long as the Adoptee is a minor, the Adopter(s) shall not file a suit under paragraph (1) against the Adoptee. (3) Should the Adoptee be a minor, the provisions of paragraphs (2) to (4) of Article 1028 (Dissolution of simple adoption by agreement) shall apply mutatis mutandis to any suit filed by the Adoptee against the Adopter(s) under paragraph (1).

(1) By virtue of dissolution of a simple adoption, the whole effect of the adoption shall terminate as of that time onward. (2) After dissolution of an adoption, the Adoptee may restore his/her surname to that prior to adoption, or may use the name of the Adopter.

The establishment of a simple adoption shall be noted on the Adopters’ civil status book, and shall also be noted in the margin of the Adoptee’s original birth certificate.

A parental authority holder16 shall be a person having the right and duty to effect physical custody of the minor child and management of the minor 16 In this English translation, a person with the parental power shall be referred to as parental authority holder. child’s property.

The Adopter shall be the parental authority holder of the Adoptee.

During the marriage, father and mother shall exercise the parental authority jointly. This provided that should one of the parents be unable to exercise the parental authority, the other parent shall do so.

(1) Should a divorce between the father and mother occur, the father and mother shall determine through mutual consultation which of them is to become the parental authority holder of the minor child. (2) Should the father and mother divorce prior to the birth of the child, the mother shall become the parental authority holder of the child once the child is born. This provided that following the birth of the child, the father and mother may determine through mutual consultation that the father shall be the parental authority holder of the minor child. (3) Should no determination under paragraph (1) or (2) be rendered upon mutual consultation or should consultation not be able to be held between the father and mother, the court shall determine which party shall be the parental authority holder, taking into account the interests of the minor child.

(1) An unmarried mother shall become the parental authority holder of the minor child that she bears. (2) The father may exercise parental authority over a minor child that he/she has acknowledged only should the father and mother have determined through mutual consultation that the father become a parental authority holder of the minor child. (3) Should no determination under paragraph (2) be rendered through mutual consultation or should consultation be unable to be held, the court shall determine the parental authority holder upon petition by the father or the mother. (4) Should the father and mother marry following the father’s acknowledgment of the minor child, the father and mother shall jointly exercise parental authority over the minor child.

In cases set forth under Article 1037 (Determination of parental authority holder in case of divorce) and Article 1038 (Relationship between acknowledgement and parental authority), the court may change the parental authority holder should it find such necessary in the interests of the minor child, upon petition by a relative of the minor child up to the 4th degree of relationship.

(1) Following a divorce, the parent not bearing parental authority shall have the right to meet and socialize with the minor child, and furthermore shall have the Obligation to share the cost for the care of the minor child. (2) A father and mother intending to divorce shall consult with each other and agree upon the mode of meeting and socializing with the minor child, and the sharing of the costs for the care of the minor child. (3) A father not living with a minor child whom he/she has acknowledged may consult with and agree with the mother concerning the mode of meeting and socializing with the minor child and the sharing of the costs for the care of the minor child. (4) Should no agreement described in paragraph (2) or (3) be reached or should consultation be unable to be held, the court, upon petition by the father or mother, shall determine the mode of meeting and socializing with the minor child and the sharing of costs for the care of the minor child. (5) The court, upon petition by the father or mother, should it find such necessary, may alter the mode of meeting and socializing with the minor child and the sharing of the costs for the care of the minor child. (6) In making its judgment under paragraphs (4) and (5), the court shall give priority to the interests of the minor child when determining the mode of meeting and socializing with the minor child, and shall take into account the living environment of the father and mother, and their economic circumstances when determining the sharing of costs for the care of the minor child. (7) Should the father or mother be unable to confer with each other or to apply to the court, a relative of the minor child up to the 4th degree of relationship may make petition under paragraph (4) or (5).

(1) A parent not having the parental authority may demand a report of the condition of the minor child from the parental authority holder. (2) The contents and frequency of the report under paragraph (1) shall be agreed to by the father and mother through mutual consultation. This provided that should no such agreement be reached or should consultation be unable to be held, the court, upon petition by the father or the mother, shall make an judgment in place of such agreement. (3) A relative of the minor child up to the 4th degree of relationship may demand a report on the condition of the minor child from the parental authority holder.

The parental authority holder shall consult with the parent not having parental authority concerning matters listed below relating to the minor child, except in emergency cases: a. Education beyond compulsory education; b. Changing the location of the residence of the minor child to another province; c. The minor child’s occupation or business; d. Medical treatment affecting the minor child’s life; e. Disposition of significant property of the minor child; and f. Other important matters relating to the care of and property of the minor child.

The parental authority holder shall have the right and obligation to educate the minor child.

The minor child shall reside in at a residence designated by the parental authority holder.

The parental authority holder may personally discipline the minor child to the extent necessary.

(1) A minor child may not carry on any occupation without the permission of the parental authority holder. (2) In cases under paragraph (2) of Article 20 (Minor permitted to conduct business), the parental authority holder may rescind or limit the permission under paragraph (1).

(1) The parental authority holder may demand transfer of the minor child by a third party who illegally refuses to transfer the minor child. (2) The parental authority holder may demand that the parent not having the parental authority transfer the minor child.

Should a father or mother exercising parental authority abuse his/her rights or neglects his/her Obligations, the court, upon petition by a relative of the minor child up to the 4th degree of relationship, a commune or sangkat head, the head of a public child welfare institution or a public prosecutor, may order the suspension or divestment of the authority of the parental authority holder.

Should the grounds provided under Article 1048 (Order for suspension or divestment of authority of parental authority holder) have ceased to exist, the court, upon application by the person who was subject to the order for suspension or divestment, or his/her relative up to the 4th degree of relationship, may rescind said order.

(1) With the permission of the court, a father or mother exercising parental authority over a minor child may resign as the parental authority holder should there be unavoidable circumstances. (2) With the permission of the court, should the grounds described in paragraph (1) cease to be affective, the father or mother who has resigned may resume their parental authority.

(1) Should only one of the parents be the parental authority holder and there is no longer a parental authority holder on account of the suspension, divestment or resignation of such person as a parental authority holder, the court may designate either the mother or the father who is not the parental authority holder as the parental authority holder. (2) A relative of the minor child up to the 4th degree of relationship may seek an order under paragraph (1) should such be necessary. (3) Should the minor child no longer have a parental authority holder on account of the death of the parent who was appointed as the parental authority holder by agreement upon divorce, the father or mother who was not designated as the parental authority holder shall become the parental authority holder.

Should a minor child cease to have any parental authority holder by virtue of Article 1048 (Order for suspension or divestment of authority of parental authority holder) or paragraph (1) of Article 1050 (Resignation and resumption of parental authority holder) and there be no change of parental authority holder by virtue of Article 1051 (Change of parental authority holder), the court shall issue a declaration of commencement of minor guardianship in respect to the minor child.

The parental authority holder shall have the right and duty to manage the minor child’s property and to represent the minor child in any act relating to said property. This provided that the consent of the minor child shall be obtained to the creation of any Obligation having as its Object action on the part of the minor child.

(1) Should one of the parents who exercises joint parental authority over a minor child perform an act in place of the minor child despite such being against the wishes of the other parent, but does so in the name of both parents, the validity of such act shall not thereby be impaired. This shall not apply where the other party to such act acted mala fide. (2) Paragraph (1) shall apply in the same manner to the case where one parent exercising joint parental authority have consented to an act of the minor child despite such being against the wishes of the other parent.

A parental authority holder shall manage the minor child’s property with the care of a good manager.

A parental authority holder shall render an account of his/her management of the child’s property without delay after the child attains his/her age of majority. This provided that the expenses for the care of the minor child and the management of the property, on the one hand, and the profits arising from the child’ property on the other hand, shall be deemed to have been set off against each other.

Should a third person who gratuitously transfers property to a minor child have declared a contrary intention, the provisions of Article 1056 (Account of management of property) shall not apply to such property.

(1) Should a third person who gratuitously transfers property to a minor child have declared the intention not to allow the minor child’s mother and/or father exercising parental authority to manage such property, the property shall be excluded from the scope of the property managed by the minor child’s father and/or mother, respectively. (2) Upon application by the minor child, a relative of the minor child up to the 4th degree of relationship or a public prosecutor, the court may appoint a manager of any property described in paragraph (1) that is not managed by the parental authority holder(s) and in respect to which a third party has not been appointed as a manager. (3) Even should a third party have been appointed as a property manager, paragraph (2) shall apply should the third party fail to appoint a new manager where the authority of the first-mentioned manager has been extinguished or it has become necessary to replace said manager. (4) The provisions of Article 37 (Appointment of administrator by the court) through Article 40 (Authority of administrator) inclusively shall apply mutatis mutandis to cases described in paragraphs (2) and (3).

The provisions of Article 650 (Obligations of Mandatary in emergency after termination of mandate) and Article 651 (Conditions for perfection of termination of Mandate) shall apply mutatis mutandis to cases where a parental authority holder manages the property of a minor child and to cases described in Article 1058 (Management of property granted by third party).

(1) Any claim arising between a parental authority holder and his/her minor child in connection with the management of property shall be extinguished by prescription unless exercised within 3 years following the extinguishment of the parent’s authority to manage the property. (2) Should the authority to manage property be extinguished while the child is still a minor and the child has no legal representative at that time, the prescription period prescribed in paragraph (1) shall be computed from when the child attains his/her age of majority or when a succeeding legal representative for the child assumes office.

Should a parental authority holder imperils the property of the minor child through improper management thereof, the court, upon petition by a relative of the minor child up to the 4th degree of relationship, a commune or sangkat head, public child welfare institution head or public prosecutor, may order the suspension or divestment of the property management authority of such parental authority holder.

Should the grounds for disqualification provided in Article 1061 (Order for suspension or divestment of authority to manage property) have ceased to be affective, the court, upon petition by the person subject to the order for suspension or divestment of authority to manage property, or by his/her relative up to the 4th degree of relationship, may rescind said order.

(1) With the permission of the court, a parental authority holder may resign his/her authority to manage the property of the minor child should there be unavoidable circumstances. (2) With the permission of the court, should the grounds described in paragraph (1) cease to operate, the parental authority holder who has resigned may resume his/her authority to manage the property.

Should, by virtue of Article 1061 (Order for suspension or divestment of authority to manage property) or paragraph (1) of Article 1063 (Resignation and resumption of property management) there no longer be anyone managing the minor child’s property, the court shall by judgment appoint a special representative for the minor child.

(1) In respect to acts where the interests of a parental authority holder conflicts with those of the minor child, the parental authority holder shall apply to the court for the appointment of a special representative for the minor child. (2) Should the parental authority holder exercise parental authority over two or more minor children, and the interests of one of the children conflict with those of the other or others in respect to certain acts, the parental authority holder shall apply to the court for the appointment of a special representative for some of the minor children.

The parental authority holder of an unmarried minor who has a child shall exercise parental authority over such child in place of the minor. In such case Chapter Five shall apply mutatis mutandis to the substituted exercise of parental authority.

Guardianship of a minor shall commence at such time as there is no person who exercises parental authority over the minor.

(1) The person who last exercised parental authority over a minor may designate a guardian of such minor via a will and testament. (2) Should there be no person appointed as a guardian of a minor under paragraph (1), the court may appoint such a guardian upon petition by a relative of the minor up to the 4th degree of relationship, the head of the commune or sangkat in which the minor’s Permanent Residence is located, the head of a public child welfare institution or a public prosecutor. The same shall apply if there exists no guardian. (3) In appointing a guardian for a minor, the mental and physical condition of the minor, the state of the lifestyle and property of the minor, the occupation and career of the proposed guardian and any conflicts of interest with those of the minor, the opinion of the minor, and all other circumstances shall be taken into account.

Should a guardian of a minor appointed under Article 1052 (Commencement of guardianship of minor) have ceased to serve as such, the court shall promptly appoint a new guardian.

(1) A minor shall not have more than one guardian. This provided that a General Guardian may be additionally appointed for a minor who remains in a habitual condition lacking the ability to recognize and understand the legal consequences of his/her actions due to mental illness or disability, and with respect to whom the commencement of General Guardianship is declared pursuant to Article 24 (Declaration of commencement of general guardianship). (2) The provisions of this Code regarding General Guardianship shall apply mutatis mutandis to a General Guardianship over a minor, except for paragraph (1) of Article 1120 (More than one General Guardian).

A guardian of a minor may resign the office due to good cause with the permission of the court.

Should a guardian of a minor resign, the court shall promptly appoint a new guardian.

Upon petition by the guardian’s supervisor, a relative up to the 4th degree of relationship to the minor, the head of the commune or sangkat in which the minor’s Permanent Residence is located, the head of a public child welfare institution or a public prosecutor, the court may dismiss a guardian of a minor who commits an wrongful act or other act rendering him or her unfit for the office of guardian.

None of the persons described below may become a guardian of a minor: a. A minor or General Ward or one under curatorship; b. A legal representative, curator or supervisor of either of the foregoing who has been dismissed by a court; c. A dissolvent person; or d. A person whose whereabouts are unknown.

(1) A parental authority holder who has the right to designate a guardian of a minor may designate a supervisor of the guardian via will and testament. (2) Should there be no supervisor for the guardian designated under paragraph (1), upon petition by the guardian, a relative up to the 4th degree of relationship to the minor, the head of the commune or sangkat in which the minor’s Permanent Residence is located, the head of a public child welfare institution or a public prosecutor, the court may appoint a supervisor of the guardian if it finds such is necessary. The same shall apply if there is no longer a supervisor.

Neither the spouse nor a relative up to the 4th degree of relationship of a guardian of a minor may become a supervisor of the guardian.

The duties of a supervisor of a guardian of a minor shall be as follows: a. To supervise the performance of the duties of the guardian; b. To apply to the court without delay for the appointment of a new guardian should [the former guardian has ceased to serve, and] a guardian no longer exist; c. In case of emergency, to take the necessary measures for the care of the minor and management of the property of the minor; and d. To represent the minor in respect to any act which involves a conflict of interest between the guardian and the minor.

The provisions of paragraph (3) of Article 1068 (Designation of guardian of minor, appointment by court and appointment criteria), Article 1071 (Resignation of guardian of minor), Article 1073 (Dismissal of guardian of minor), Article 1074 (Persons who may not be guardian of minor), paragraph (2) of Article 1087 (Estimates of outlays and expenses of guardianship), Article 1088 (Remuneration of guardian), Article 1093 (Guardian’s duty of care), Article 1100 (Emergency Obligations of guardian following termination of guardianship) and Article 1101 (Conditions for perfection of termination of guardianship) shall apply mutatis mutandis to a supervisor of a guardian of a minor.

(1) The guardian of a minor shall have the same rights and Obligations as a parental authority holder in respect of matters provided in Book Seven, Chapter Five (Parental authority), Section III (Rights and Obligations of the parental authority holder). This provided that in order to change the method of education and location of residence determined by the parental authority holder, to discipline the minor, permit him or her to engage in business, rescind such permission, or limit such engagement in business, should there be a supervisor of a guardian, the consent of such supervisor must be obtained. (2) In respect to matters provided in Article 1042 (Obligation to consult on important matters relating to the minor child), should there be a supervisor of a guardian, the guardian shall consult with said supervisor. This shall not apply in cases of emergency.

(1) The guardian of a minor shall manage the minor’s property and represent the minor in any act affecting the minor’s property. (2) The provisions of Article 1053 (Property management and representation) shall apply mutatis mutandis to cases described in paragraph (1).

(1) Upon assuming office, the guardian of a minor shall promptly commence a survey of the minor’s property and within 3 months shall complete such survey and prepare an inventory. This provided that said period may be extended by the court. (2) Should there be a supervisor of the guardian, the survey and inventory of the property shall have no effect unless conducted in the presence of said supervisor.

Until the completion of the inventory, a guardian shall only have the authority to effect acts of urgent necessity. This provided that such restriction shall not be set up against a bona fide third party.

(1) Should there be a supervisor of the guardian, if the guardian holds any claim against, or bears any Obligation towards the minor, the guardian shall report such claim and/or Obligation to the supervisor prior to commencing the survey of the property. (2) Should the guardian be aware of holding a claim against the minor but does not report it, such claim shall be forfeited.

[general estate] The provisions of Article 1081 (Survey of property and preparation of inventory), Article 1082 (Authority prior to preparation of inventory) and Article 1083 (Reporting of claims or Obligations by the guardian against or towards the minor) shall apply mutatis mutandis to cases where the minor has acquired floating property after the guardian has assumed his office.

Permission of a court shall be required in cases where the guardian of a minor sells, leases, terminates a lease, establishes a hypothec or dispose of in another manner equivalent to the foregoing, in place of the minor, an immovable property provided for the residence of the minor.

The provisions of Article 1065 (Conflict of interest between parental authority holder and minor child) shall apply mutatis mutandis to guardians of minors. This provided that such shall not apply where the guardian has a supervisor.

(1) Upon assuming office, a guardian of a minor shall estimate the amount of money to be expended annually for the care of the minor and the management of the minor’s property. (2) The expenses required for the performance by the guardian of his/her duties under the guardianship shall be defrayed from the minor’s property.

A court may allow reasonable remuneration to the guardian of a minor out of the minor’s property, taking into account the financial capacity of the guardian and the minor and other circumstances.

(1) The supervisor of a guardian or the court may at any time demand that the guardian of a minor provide a report as to the conducting of his/her duties or an inventory of the property, and may also inspect the condition of the minor and/or the property. (2) Upon application by the supervisor of a guardian of a minor, a relative of the minor up to the 4th degree of relationship, the chief of the commune or sangkat in which the minor’s Permanent Residence is located, the head of a public child welfare institution or a public prosecutor, the court may order the guardian to take necessary action relating to the care of the minor, the management of the minor’s property or otherwise relating to the guardianship.

Should the guardian of a minor have a supervisor, the permission of the supervisor must be obtained in order to conduct business or to do any of the acts listed in Article 30 (Right to rescind act) in place of the minor, or in order to consent to the doing of any of the foregoing acts by the minor. This provided that such shall not apply to the receipt of the principal.

(1) Any act done or consented to by a guardian of a minor in breach of Article 1090 (Limitations on right of representation and right to grant consent) may be rescinded by the minor or the guardian. In such case, the provisions of Article 32 (Right to demand) shall apply mutatis mutandis. (2) The provisions of paragraph (1) shall not preclude the application of the provisions of Article 358 (Voidable acts) together with Article 359 (Method of rescission or ratificationPerson having right of rescission) through Article 363 (Extinctive prescription of right of rescission), inclusively.

(1) Should the guardian of a minor acquire the minor’s property or the rights of a third party against the minor, the minor may rescind such acquisition. In such case, the provisions of Article 32 (Right to demand) shall apply mutatis mutandis. (2) The provisions of paragraph (1) shall not preclude the application of the provisions of Article 358 (Voidable acts) together with Article 359 (Method of rescission or ratificationPerson having right of rescission) through Article 363 (Extinctive prescription of right of rescission), inclusively.

(1) The guardian of a minor shall be obligated to perform the duties of guardianship with the care of a good manager. (2) Should the guardian breach the Obligations described in paragraph (1) and thereby cause damages to the minor, the minor may demand that the guardian compensate him/ her for such damages.

(1) Should a third party who gratuitously transfers property to a minor have declared the intention to not allow the minor’s guardian to manage such property, the property shall be excluded from the scope of the property managed by the guardian. (2) Upon petition by the supervisor, a relative of the minor up to the 4th degree of relationship, the chief of the commune or sangkat in which the minor’s Permanent Residence is located, the head of a public child welfare institution or a public prosecutor, the court may appoint a manager of any property described in paragraph (1) not managed by the guardian and in respect to which a third party has not been appointed as a manager. (3) Even should a third party have appointed a property manager, paragraph (2) shall apply if the third party fails to appoint a new manager where the authority of the earlier appointed manager has been extinguished or it has become necessary to replace said manager. (4) The provisions of Article 37 (Appointment of administrator by the court) through Article 40 (Authority of administrator), inclusively, shall apply mutatis mutandis to cases described in paragraphs (2) and (3).

(1) Should a minor have reached the age of 16 and be living independently, the court, upon petition by the minor, may declare the minor to be released from guardianship, if it finds that such is consistent with the interests of the minor. In such case, the court shall hear the opinion of the guardian. The court shall also hear the opinion of the supervisor, should there be one. (2) A minor who marries shall be released from guardianship without a declaration of the court. (3) In the case set forth in paragraph (2), even should the parties thereafter divorce, the validity of the release from guardianship shall not be extinguished.

A minor released from guardianship shall be regarded as having attained the age of majority.

(1) Should the duties of a guardian of a minor have terminated, the guardian or his/her successor shall render an account of the management of the property within 3 months following the date of termination. This provided that such period may be extended by the court. (2) Should there be a supervisor of the guardian of a minor, the account described in paragraph (1) shall be prepared in the presence of such supervisor.

(1) A minor who has entered into a contract with his/her guardian or the successor of the guardian after attaining the age of majority but before the termination of the accounts of the guardianship may rescind such contract. The same shall apply to any unilateral act effected by the minor vis-à-vis the guardian or the successor of the guardian. (2) The provisions of Article 358 (Voidable acts) together with Article 359 (Method of rescission or ratificationPerson having right of rescission) through Article 363 (Extinctive prescription of right of rescission), inclusively, shall apply mutatis mutandis to the cases described in paragraph (1).

(1) Any money required to be returned by a minor to the guardian or by the guardian to a minor shall bear interest as from the time of termination of the accounts of the guardianship. (2) Should a guardian of a minor have spent the minor’s money on his/her own behalf, such amount shall bear interest as from the time of spending. Should the minor suffer any damages thereby, the guardian shall be liable to compensate the minor for such damages.

Should an emergency occur following the termination of a guardianship, the guardian or his/her successor shall take the necessary measures until such time as the minor, his/her successor or legal representative is able to take up the minor’s business.

Regardless of whether the grounds for termination arises on either the side of the minor or guardian, the termination may be held up against the counter-party only should the termination have been noticed to the other party or the other party is aware of it.

(1) The provisions of Article 1060 (Extinctive prescription of claims between parent and minor child relating to property management) shall apply mutatis mutandis to claims arising in relation to the guardianship between the guardian of a minor or supervisor on one side and the respective minor on the other. (2) In the event that an act is rescinded pursuant to Article 1098 (Rescission of contract between guardian and minor), prescription under paragraph (1) shall run from the time of the rescission.

(1) The guardian of a minor shall exercise parental authority over the child of said minor in loco parentis vis-a-vis the minor. (2) The provisions of Article 1079 (Rights and Obligations of guardian) through Article 1102 (Extinctive prescription on claims relating to guardianship), inclusively, shall apply mutatis mutandis to the cases described in paragraph (1).

A General Guardianship shall commence in accordance with Article 24 (Declaration of commencement of general guardianship).

(1) Upon the declaring of the commencement of a General Guardianship, the court shall appoint a General Guardian. (2) Should there exists no General Guardian, the court shall appoint a General Guardian upon petition by the guardian’s supervisor, the General Ward, the spouse of the General Ward, any relative up to the fourth degree of relationship of the General Ward, the chief of the commune or sangkat in which the Permanent Residence of the General Ward is located, a public prosecutor or other interested person. (3) Even should a General Guardian have been appointed, the court may appoint an additional General Guardian upon application by any person listed in paragraph (2) or by the General Guardian, if it finds such necessary. (4) In appointing a General Guardian, the mental and physical condition of the General Ward, the state of the lifestyle and property of the General Ward, the occupation and career of the proposed General Guardian and any conflict of interest with the General Ward, the opinion of the General Ward and all other circumstances shall be taken into account. Should the proposed General Guardian be a juristic person, the type and contents of its business and any conflict of interest between the General Ward and the juristic person and/or its representatives shall be taken into account. (5) The court may, when appointing a General Guardian for a minor, appoint the parental authority holder or the guardian for the minor as a General Guardian. Should the court appoint a person other than the parental authority holder or the guardian for minor as the General Guardian, the court shall designate the allocation of duties among the parental authority holder or the guardian for minor and the General Guardian.

A General Guardian may resign such office for good cause with the permission of the court.

Should a General Guardian resign, the court shall promptly appoint a new General Guardian.

Upon application by the General Guardian’s supervisor, the General Ward, the spouse of the General Ward, a relative of the General Ward up to the 4th degree of relationship, the head of the commune or sangkat in which the Permanent Residence of the General Ward is located, a public prosecutor or other interested person, the court may dismiss a General Guardian who commits a wrongful act or other act rendering him or her unfit for the office of General Guardian.

Persons described below shall not become a General Guardian: a. A minor or General Ward or one under curatorship; b. A legal representative, curator or supervisor of either of the foregoing who has been dismissed by a court: c. A insolvent person; or d. A person whose whereabouts are unknown.

Upon application by the General Guardian, the General Ward, the spouse of the General Ward, a relative of the General Ward up to the 4th degree in relationship, the head of the commune or sangkat in which the Permanent Residence of the General Ward is located, a public prosecutor or other interested person, the court may appoint a supervisor of a General Guardian should the court find such necessary. The same shall apply should there be no supervisor.

Neither the spouse nor a relative up to the 4th degree of relationship of a General Guardian may become a supervisor of the General Guardian.

The duties of the supervisor of a General Guardian shall be as follows: a. Supervise the performance of duties by the General Guardian; b. Apply to the court without delay for the appointment of a new General Guardian should there be no General Guardian; c. In cases of emergency, take the necessary measures for the management of the livelihood, health care and property of the General Ward; d. Represent the General Ward in respect to any act which involves a conflict of interest between the General Guardian or the General Guardian’s representative and the General Ward.

The provisions of paragraph (4) of Article 1105 (Appointment of General Guardian), Article 1106 (Resignation of General Guardian), Article 1108 (Dismissal of General Guardian), Article 1109 (Persons who may not be General Guardian), Article 1120 (More than one General Guardian), Article 1121 (Permission for property management), paragraph (2) of Article 1123 (Estimates of outlays and expenses of General Guardianship), Article 1124 (Remuneration of General Guardian), Article 1129 (Guardian’s Obligation for care), Article 1133 (Emergency Obligations of guardian after termination of General Guardianship) and Article 1134 (Condition for perfection of termination of General Guardianship) shall apply mutatis mutandis to the supervisor of a General Guardian.

(1) The General Guardian shall manage the property of the General Ward and represent the General Ward in any act affecting the property of the General Ward. (2) The provision of the second sentence of Article 1053 (Property management and representation) shall apply mutatis mutandis to cases described in paragraph (1).

(1) Upon assuming office a General Guardian shall promptly commence a survey of the property of the General Ward and within 3 months shall complete such survey and prepare an inventory. This provided that said period may be extended by the court. (2) Should there be a supervisor of the General Guardian, the survey and inventory of the property shall have no effect unless conducted in the presence of said supervisor.

Until the completion of the inventory, a General Guardian shall have authority to effect only acts of urgent necessity. This provided that such restriction shall not be set up against a bona fide third party.

(1) Should there be a supervisor of the General Guardian, if the General Guardian holds any claim against or bears any Obligation in favor of the General Ward, the General Guardian shall report such claim and/or Obligation to the supervisor prior to commencing the survey of the property. (2) Should the General Guardian be aware of the holding any claim against the General Ward but does not report such, said claim shall be forfeited.

The provisions of Article 1115 (Survey of property and preparation of inventory), Article 1116 (Authority prior to preparation of inventory) and Article 1117 (Reporting of claims or Obligations by the General Guardian against or in favor of the General Ward) shall apply mutatis mutandis to cases where the General Ward has acquired floating property after the General Guardian has assumed office.

(1) When performing matters that concern the livelihood, medical treatment and/or care of and management of the property of the General Ward, the guardian shall respect the wishes of the General Ward and shall take into account the mental and physical condition and living conditions of the General Ward. (2) The General Guardian shall strive to provide the best possible medical care for the General Ward, in accordance with the financial capacity of the General Guardian and the General Ward, and their relationship.

(1) Should there be more than one General Guardian, the court may determine whether the General Guardians should exercise their functions jointly or whether the functions should be divided among the General Guardians. (2) The court may rescind a determination under paragraph (1). (3) Should there be more than one General Guardian, it shall suffice if a third party declares his/her intention to only one of them.

The permission of the court shall be required in cases where a General Guardian sells, leases, terminates the lease, establishes a hypothec or dispose of in another manner equivalent to the foregoing, in place of the General Ward, an immovable property provided for the residence of the General Ward.

The provisions of Article 1065 (Conflict of interest between parental authority holder and minor child) shall apply mutatis mutandis to General Guardians. This provided that such shall not apply where the General Guardian has a supervisor.

(1) Upon assuming office, a General Guardian shall estimate the amount of money to be expended annually for the livelihood, medical treatment and care of and management of the property of the General Ward. (2) The expenses required for performance by the General Guardian of his/her duties under the General Guardianship shall be defrayed from the property of the General Ward.

The court may allow reasonable remuneration to the General Guardian out of the property of the General Ward, taking into account the financial capacity of the General Guardian and the General Ward, and other circumstances.

(1) The supervisor of the General Guardian or the court may at any time demand that the General Guardian provide a report of the conduct of his/her duties or the inventory of the property, and may also inspect the living conditions and health care of the General Ward and the management of the property. (2) Upon application by the supervisor of a General Guardian, the General Ward, the spouse of the General Ward, a relative of the General Ward up to the 4th degree in relationship, the chief of the commune or sangkat in which the Permanent Residence of the General Ward is located, a public prosecutor, or another interested person, the court may order the General Guardian to take necessary action relating to the living conditions or medical care of the General Ward, the management of the property of the General Ward or otherwise relating to the General Guardianship.

Should the General Guardian have a supervisor, the permission of the supervisor must be obtained in order to conduct business or to do any of the acts listed in Article 30 (Right to rescind act) in place of the General Ward, or in order to consent to the doing of any of the foregoing acts by the General Ward. This provided that such shall not apply to the receipt of the principal.

(1) Any act done or consented to by a General Guardian in breach of Article 1126 (Limitations on right of representation and right to grant consent) may be rescinded by the General Ward or the General Guardian. In such a case, the provisions of Article 32 (Right to demand) shall apply mutatis mutandis. (2) The provisions of paragraph (1) shall not preclude the application of the provisions of Article 358 (Voidable acts) together with Article 359 (Method of rescission or ratificationPerson having right of rescission) through Article 363 (Extinctive prescription of right of rescission), inclusively.

(1) Should the General Guardian acquire property from the General Ward or rights of a third party against the General Ward, the General Ward may rescind such acquisition. In such case, the provisions of Article 32 (Right to demand) shall apply mutatis mutandis. (2) The provisions of paragraph (1) shall not preclude the application of the provisions of Article 358 (Voidable acts) together with Article 359 (Method of rescission or ratificationPerson having right of rescission) through Article 363 (Extinctive prescription of right of rescission), inclusively.

(1) The General Guardian is obligated to perform the duties of the General Guardianship with the care of a good manager. (2) Should the General Guardian breach the Obligations described in paragraph (1) and thereby cause damages to the General Ward, the General Ward may demand that the General Guardian compensate him/ her for such damages.

Management of property granted by third party to the General (1) Should a third party who gratuitously transfer property to a General Ward have declared the intention not to allow the General Guardian of the General Ward to manage such property, such property shall be excluded from the scope of the property managed by the General Guardian. (2) Upon petition by the supervisor, the General Ward, the spouse of the General Ward, a relative of the General Ward up to the 4th degree in relationship, the chief of the commune or sangkat in which the Permanent Residence of the General Ward is located, or a public prosecutor, the court may appoint a manager of any property described in paragraph (1) not managed by the General Guardian and in respect to which a third party has not been appointed a manager. (3) Even should a third party have been appointed a property manager, paragraph (2) shall apply if the third party fails to appoint a new manager once the authority of the first-mentioned manager has become extinguished or it has become necessary to replace said manager. (4) The provisions of Article 37 (Appointment of administrator by the court) through Article 40 (Authority of administrator), inclusively, shall apply mutatis mutandis to cases described in paragraphs (2) and (3).

(1) Should the duties of a General Guardian have terminated, the General Guardian or his/her successor shall render an account of property management within 3 months following the date of termination. This provided that such period may be extended by the court. (2) Should the General Guardian have a supervisor, the account described in paragraph (1) shall be prepared in the presence of such supervisor.

General Ward (1) Any money required to be returned by a General Ward to the General Guardian or by the General Guardian to a General Ward shall bear interest as from the time of the termination of the accounts of the General Guardianship. (2) Should a General Guardian have spent money of a General Ward on his/her own behalf, such amount shall bear interest as from the time of use. Should the General Ward suffer any damages thereby, the General Guardian shall be liable to compensate the General Ward for such damages.

General Guardianship Should an emergency arise following the termination of a General Guardianship, the General Guardian or his/her successor shall take the necessary measures until such time as the General Ward, his/her successor or legal representative is able to take on the business of the General Ward.

Guardianship Regardless of whether grounds for the termination of a General Guardianship arise on the side of the General Ward or on that of the General Guardian, such can be held up against the counter-party only if it has been notified to the counter-party or the counter-party is aware of such.

The provisions of Article 1060 (Extinctive prescription of claims between parent and minor child relating to property management) shall apply mutatis mutandis to claims arising in relation to the General Guardianship between a General Guardian or a supervisor on one side and the General Ward on the other.

A Curatorship shall commence in accordance with Article 28 (Declaration of commencement of curatorship).

(1) Should commencement of curatorship be declared, the court shall appoint a curator. (2) The provisions of paragraphs (2) through (4) of Article 1105 (Appointment of General Guardian) and Article 1106 (Resignation of General Guardian) to Article 1109 (Persons who may not be General Guardian), inclusively, shall apply mutatis mutandis to a curator. (3) Should there be a conflict of interest between the curator or the representative of the curator and the person under curatorship, the curator shall apply to the court for the appointment of a temporary curator. This shall not apply where there is a supervisor of the curator. (4) Paragraph (3) shall also apply to the case where there is a conflict of interest among a number of persons under a single curator.

(1) Upon petition by the curator, a person under curatorship, the spouse of the person under curatorship, a relative up to the 4th degree in relationship of the person under curatorship, the chief of the commune or sangkat in which the Permanent Residence of the person under curatorship is located, a public prosecutor or other interested person, the court, where it finds such necessary, may appoint a supervisor of the curator. The same shall apply if there exists no supervisor. (2) The provisions of paragraph (4) of Article 1105 (Appointment of General Guardian), Article 1106 (Resignation of General Guardian), Article 1108 (Dismissal of General Guardian), Article 1109 (Persons who may not be General Guardian), Article 1111 (Persons who shall not be supervisors of General Guardians), Article 1120 (More than one General Guardian), paragraph (2) of Article 1123 (Estimates of outlays and expenses of General Guardianship) and Article 1124 (Remuneration of General Guardian) shall apply mutatis mutandis to supervisors of curators. (3) Should any act involve a conflict of interest between the curator or the representative of the curator and the person under curatorship, the supervisor must consent to such act by the person under curatorship. (4) Paragraph (3) shall also apply to the case of conflict of interest among a number of persons under a single curator.

(1) The curator has the authority to grant consent to actions by the person under curatorship for acts listed in Article 30 (Right to rescind act), or to rescind any of such acts effected by the person under curatorship without the consent of the curator. (2) In effecting his/her duties under paragraph (1), the curator shall respect the wishes of the person under curatorship and take into account the mental and physical condition and the state of the livelihood of the person under curatorship. (3) The provisions of Article 1120 (More than one General Guardian), paragraph (2) of Article 1123 (Estimates of outlays and expenses of General Guardianship), Article 1124 (Remuneration of General Guardian) and Article 1125 (Supervision of duties of General Guardian) shall apply mutatis mutandis to the duties of curators. (4) The provisions of Article 1060 (Extinctive prescription of claims between parent and minor child relating to property management) shall apply mutatis mutandis to claims arising in relation to a curatorship between the curator or the supervisor of the curator and the person under curatorship.

(1) Relatives shall be obliged to provide support in the scope and order described below: a. Cohabiting Relatives; b. Lineal Relatives by consanguinity; and c. Siblings. (2) Should there be special circumstances, the court may impose an Obligation of support on Relatives up to the 3rd degree of relationship other than persons described in paragraph (1). The same shall apply to support between the surviving spouse and the Relatives of the deceased spouse in cases where a marriage is dissolved due to the death of one of spouse. (3) Should circumstances change after the rendering of a judgment described in paragraph (2), the court may rescind such judgment.

(1) Should there be two or more persons obliged to provide support, such persons shall agree, upon mutual consultation, as to which one or more of them shall actually provide support. (2) Should no agreement described in paragraph (1) be reached or should consultation be unable to be held between them, the court shall determine which person or persons subject to an Obligation to provide support should actually provide such support, taking into account the financial capacity, age, mental and physical condition of said persons, the relationship of the parties and all other circumstances. (3) Should there be two or more persons entitled to receive support and the financial capacity of the person or persons obliged to provided support is insufficient to support all of the persons entitled, the provisions of paragraphs (1) and (2) shall apply to the determination of who should actually receive support.

Should no agreement be reached or consultation be unable to be held between the relevant parties concerning the extent or mode of support, the court shall determine these matters, taking into account the necessity for such support to the life of the person or persons entitled to support, the financial capacity of the person or persons obliged to provide support and all other circumstances.

(1) Should circumstances change following the conclusion of an agreement or a decision rendered concerning which party or parties are to provide or receive support or the extent or mode of support, the relevant parties may agree to alter the support relationship. (2) Should no agreement described in paragraph (1) be reached or should consultation be unable to be held between the relevant parties, the relevant parties may apply to the court for rescission or variation of the previous agreement or decision. (3) The provisions of paragraphs (2) and (3) of Article 1141 (Confirmation of who should actually provide and receive support) shall apply mutatis mutandis to orders by the court for rescission or variation under paragraph (2) of this Article.

The right to receive support shall be an exclusive and individual right of the person requiring support, and shall not be made the subject of an assignment, gift, creation of security or any other transaction whatsoever with any third party.