Page:พรบ ใช้ ปพพ ๒๕๓๕.pdf/13

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Once one year has passed since the day the absentee left the domicile or residence and has not been heard of in any manner or since the day he was last seen or heard of, the court may appoint a manager of his property upon a request by the person under paragraph 1.

Section49.In the event that the absentee has appointed a universal agent and the agency contract terminates or it appears that the universal agent has managed his property in such a manner likely to cause him damage, section 48 shall apply mutatis mutandis.

Section50.Upon a request by an interested person or public prosecutor, a court may order the universal agent to make an inventory of the absentee's property as may be directed by the court.

Section51.Subject to section 802, if the universal agent finds it necessary to do any act beyond the scope of the powers received, he must apply to a court for permission, and once the court has issued an order of permission, he may then be able to do the act.

Section52.The court-appointed manager of property must finish making an inventory of the the absentee's property within three months from the day he learns the court order on his appointment, but the manager of property may request the court for an extension of the time.

Section53.The property inventory under section 50 or section 52 must be countersigned by at least two witnesses who certify its correctness. Those two witnesses must be the absentee's spouse or relatives who have reached majority already. If the absentee has no spouse or none of his relatives can be found, or the spouse and relatives refuse to serve as witnesses, other persons who have reached majority may be asked to serve as witnesses.

Section54.The manager of property has the same powers and duties as the universal agent under section 801 and section 802. If the manager of property finds it necessary to do any act beyond the scope of his powers, he must apply to the court for permission, and once the court has issued an order of permission, he may then be able to do the act.

Section55.If the absentee has appointed any special agent, the manager of property may not interfere with the matters subject to such special power. But if it appears that the matters being carried out by the agent may cause the absentee damage, the manager of property may request the court to remove the agent.

Section56.The court may order any of the following upon a request by an interested person or public prosecutor or on its own motion:

(1)the manager of property shall provide suitable security for the management of the absentee's property as well as for the return thereof;