Section 48. If any person is
absent from his domicile or residence without appointing a representative of a
general power of attorney. And no one knows for sure whether the person is
still alive when the stakeholder or the prosecutor requests. The court will
order one of these actions as necessary to manage the property of the non-resident.
The time has elapsed for one
year from the date the person was absent from his domicile or residence. And no
one gets any news about him at all. Or one year since the date of the person
having seen or heard the news for the last time, when the person under
paragraph one requested The court will set up the property manager of the
deceased.
Section 49 In the case where
the non-resident has appointed a representative of the general power of
attorney and the agent's agreement is withheld. Or it appears that the
representative of the general authorizer has managed the property in a way that
could damage such person, Section 48 shall apply mutatis mutandis.
Section 50. When a stakeholder
or prosecutor requests The court will order the representative of the general
power of attorney to file the property of the non-resident, as the court may
order.
Section 51 Subject to Section
802, if the representative of a general power of attorney deems it necessary to
do one beyond the margin of power, the matter shall be referred to the court.
And when the court orders it, it will do so.
Section 52 The property
manager at the court has set up. The property of the deceased must be completed
within three months from the date of the court's order. However, the property
manager may request the court to extend the time.
Section 53. The property
account under Section 50 and Section 52 must be signed by at least two
witnesses. Two witnesses must be spouses or relatives of non-legal persons. If
no spouse or relatives. Or spouse and relatives do not bear witness. To be able
to attain the age of majority.
Section 54 The property
manager shall have the same powers and authority as the representative of a
general power of attorney under Section 801 and Section 802. If the property
manager considers it necessary, Must ask for permission to the court. And when
the court orders it, it will do so.
Section 55 If a non-resident
has appointed a representative of a particular power. Property managers will
not be involved in a particular jurisdiction. If it appears that the agent is
working, it may damage the non-existent property manager will request the court
to remove the agent.
Section 56. When the
interested party or the prosecutor requests or when the court deems
appropriate. The court may order one of the following:
(1) The property manager shall
seek reasonable assurance in the management of the property of the
non-resident, as well as the return of the property.
(2) The property manager shall
declare the property of the non-resident.
(3) removal of property
manager. And set up another as a property manager instead.
Section 57. In order to set up
a property manager. The court will determine the amount payable to the property
manager by paying the property of the non-resident. If the court does not. The
property manager will ask the court to set a pension later.
If the property manager Or any
interested party or prosecutor's request or when there is a case to the court.
The behavior of property management has changed. The court will order the
deferment, reduction or increase the rewards to the property manager.
Section 58 The property
manager shall terminate in the following cases:
(1) who is not back
(2) The non-resident has not
returned, but has managed the property or set up a representative to manage his
property.
(3) a person who has not died
or has been ordered to be a perpetrator;
(4) The property manager
resigned or died.
(5) The property manager is an
incompetent or quasi-incompetent person.
(6) The property manager is
bankrupt.
(7) The court removes the
property manager.
Section 59 In the case where
the property manager ceases to be the reason under Section 58 (4) (5) or (6),
the property manager or heir of the property manager. The trustee, the trustee,
the trustee or the trustee of the property manager, as the case may be, shall
inform the court of the termination without delay so that the court may order
the property manager as he sees fit. During that time. Such persons shall be
dealt with according to the circumstances in order to protect the interests of
those who are not. Until the delivery of the property of the non-existent to
any person as the court has ordered.
Section 60. The provisions on
the representative of this Code shall apply mutatis mutandis to the management
of the property of non-residents.
Judgment of the Supreme Court
2516/2549.
Even the defendant will leave
the home by no one know the news. But while the court officer brought a
subpoena and a copy of the complaint to the defendant by the closure of the
defendant at the domicile of the first defendant. The court did not have a
statement that the defendant is a non-existent and property manager of the
non-existent. Or a statement that the defendant is a disappeared, but the
defendant is the first one living with the defendant and a second name appears
in the house registration as in the complaint. It can not be considered that
the defendant is not a habitual residence, so the address of the defendant is
the domicile of the defendant No. 1 under the Civil and Commercial Code,
Section 37 to send a subpoena and a copy of the complaint to the defendant by
closing the first. The defendant's domicile is so lawful.
Recently appointed as property
manager of the 1st defendant who did not follow. Civil and Commercial Code,
Section 48, paragraph two on May 14, 2001. So, while the Bank filed a petition
to file a representation on the defendant on August 4, 2000 has no authority to
act on behalf of the defendant. So do not like it. This is the law of public
order. The Supreme Court upheld itself. Section 142 (5) and Section 246 and 247
of the Civil Procedure Code, the Supreme Court dismissed the order of
acceptance of the petition as well as the procedure and order of the Court of
First Instance relating to the petition for the defendant's filing. The order
does not accept the claim.
Judgment of the Supreme Court
1702/2547.
When the authorities To
enforce the lawsuit to sell the property of the debtor, the enforcement officer
is obliged to continue. Accounting for receipt of payment under the Code of
Civil Procedure, Section 316, and payment to the creditors under the judgment
under Section 318, if the remaining net money must pay the rest to the debtor
according to the judgment under the section. Section 322, paragraph two, and
the obligation to pay the remaining sums to the debtor under this judgment. -
Pay and notify the debtor to receive a refund. If you do not finish the task.
The rest of the money is still not paid to the officer. The lawsuit that the
claimant must claim within 5 years and still not belong to the land under the
Civil Procedure Code Section 323 when it appears that the officer. The lawsuit
asks the court to send a notice. Debtors under the judgment to receive money by
way of closing the place of domicile of the debtor under the judgment on
October 24, 1992 and May 16, 1993, but then the debtor according to the
judgment has gone from his domicile or residence. No one knows whether they are
alive or not. Later, the court ordered the debtor to be a loser and ordered the
applicant to be the debtor's inheritance under the judgment. And it appears
that the claimant has the remaining money that the debtor is entitled to
recover. In October 1999, the petitioner as the trustee of the debtors,
according to the judgment, requested to receive such money on June 30, 2000, so
it has not passed a five-year period, it is eligible for this money. This
amount is not yet subject to the land under the Civil Procedure Code, Section
323.
Judgment of the Supreme Court
1112/2546.
The applicant is appointed by
the court to be the manager of the affairs of the school. The case is ordered
by the court to do one of the things as necessary. To manage the property of
the defendant who is not under the Civil and Commercial Code, Section 48,
paragraph one, if the court appointed the petitioner is the property manager of
the defendant who is not under the Civil and Commercial Code, Section 48,
paragraph two, will make the petitioner has the authority. The same applies to
the agent of a general power of attorney. In case of emergency, the petitioner
may not be able to handle the other defendant's business. The petitioner has no
power to file a petition for the defendant to be sued.
Judgment of the Supreme Court
7786/2538.
An agreement in which the
right to property is not fulfilled because it has not been registered with the
employee is a person's right to be enforceable between the plaintiffs in this
case as the property manager of the non-defendant who owns the property. Agreed
to grant the right to live and rights over the ground to the defendant.
Defendant claims that the plaintiff did not complete the plaintiff to comply.
Judgment of the Supreme Court
1388/2525.
No part of the land dispute.
Does not appear to be an investment partner in the construction of a cabaret.
The defendant did not dispute the rights of the bank, but anyhow, the Bank has
no power to sue in person when the Bank did not apply to the court. And it does
not appear that the court has allowed a lawsuit as a property manager. A
non-resident can not have the power to sue as such. It is considered that the
Court of First Instance to accept the plaintiff is the plaintiff sued as such.
Judgment of the Supreme Court
1058/2487.
Ask the court to order the
petitioner to do so as necessary. To manage the property of the non-resident.
If not stated in the petition, the claim is made. The court must lift the
petition.
