Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1290

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1190

Section1520.A child having the characteristics specified in the previous section may be repudiated by the man who is or was the husband by instituting an action against bot the mother and the child and proving that he did not stay with the mother of the child during the pregnancy period, that is, during the period of one hundred and eighty days to three hundred and ten days before the birth of the child, or that he cannot be the father of the child for a different reason.

Section1521.If the husband successfully proves that the child was born during the period of less than one hundred and eighty days after the marriage, he is no longer required to introduce other evidence in regard to the repudiation of the child.

But if it appears that, before the marriage, the husband had sexual intercourse with the mother of the child during the period in which she could get pregnant, it shall be presumed that the husband is the father of the child.

Section1522.No action for repudiation of a child shall be instituted upon the passage of one year from the day the husband knew or should have known of the birth of the child, nor shall it be instituted upon the passage of ten years from the day of the birth of the child.

Section1523.As regards an action for repudiation of a child, a person who has the right to succeed to an inheritance together with the child or a person who is to lose the right to succeed to an inheritance as a result of the birth of the child may institute it in the following events: