# Civil Act of South Korea/RELATIVES
## CHAPTERⅠGENERAL PROVISION

Article 767 (Definition of Relatives) A spouse, blood relatives and relatives by affinity shall be considered as relatives. Article 768 (Definition of Blood Relatives) One’s lineal ascendants and lineal descendants shall be one’s lineal blood relatives. One’s brothers and sisters, brother’s and sister’s lineal descendants, brothers and sisters of one’s lineal ascendants and such brother’s and sister’s lineal descendants shall be considered collateral blood relatives. <Amended by Act No. 4199, Jan. 13, 1990> Article 769 (Lineal of Relatives by Affinity) Spouses of blood relatives, blood relatives of the spouse, and spouses of the blood relatives of the spouse shall be relatives by affinity. <Amended by Act No. 4199, Jan. 13, 1990> Article 770 (Computation of Degree of Relationship of Blood Relatives) (1)The number of generations of a lineal blood relative shall be deter- mined by computing the number of generations ascending from the person concerned to his or her ascendant or descending from him or her to his or her descendant. (2)The degree of relationship of a collateral blood relative shall be determined by computing the number of generations ascending from the person concerned to a lineal ascendant of common origin and then descending from such lineal ascendants of common origin to his or her lineal descendant. Article 771 (Calculation of Degrees of Affinity) The affinity shall be determined by the degrees to blood relatives from the spouse for blood relatives of the spouse, and those to the blood relative for the spouse of a blood relative. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article772(Parental Lineage and Degree of Relationship of Adopted Child) (1)Parental lineage and the degree of relationship between an adopted child on the one hand and the parent by adoption and their blood rela- tives and relatives by affinity on the other, shall be deemed from the time when an adoption has been made, the same as those of a child born while the father and mother are in matrimonial relations. (2) The degree of relationship of the spouse, lineal descendant and the spouse of such lineal descendant, of the adopted child shall be deter- mined upon the basis of the parental lineage of an adopted child as prescribed in paragraph (1). Articles 773 and 774 Deleted. <by Act No. 4199, Jan. 13, 1990> Article 775 (Extinction of Affinity Relation, etc.) (1)Affinity shall be terminated by annulment of marriage, or divorce. <Amended by Act. 4199, Jan. 13, 1990> (2)In a case where one of husband and wife has died, if the surviving spouse has remarried, the provisions of paragraph (1) shall also be applicable. <Amended by Act. 4199, Jan. 13, 1990> Article 776 (Extinction of Relationship by Adoption) Relationships arising due to adoption shall be terminated by annulment or dissolution of the adoptive relationship. Article 777 (Scope of Relatives) Legal effect taken by relationship of relatives shall extend to those who fall under any of the following subparagraphs unless this Act or other Acts provide otherwise:
[This Article Wholly Amended by Act No. 4199, Jan. 13, 1990]
CHAPTERⅡHEAD OF FAMILY AND FAMILY MEMBERS CHAPTERⅡSCOPE OF FAMILY MEM- BERS AND SURNAME AND ORIGIN OF SURNAME OF CHILD ≪Enforcement Date: Jan. 1, 2008≫ Article 778 (Definition of Head of Family) A person who has succeeded to the family lineage or has set up a branch family, or who has established a new family or has restored a family for any other reason, shall become the head of a family. Article 778 Deleted. <by Act No. 7427, Mar. 31, 2005> ≪Enforcement Date: Jan. 1, 2008≫ Article 779 (Scope of Family Members) The spouse and blood relative of the head of a family, and the spouses of the blood relative, and any other person who has his or her name entered in the family register in accordance with the provisions of this Act, shall become members of the family. Article 779 (Scope of Family Members) (1)Family members shall consist of the following persons:
(2)In the case of paragraph (1) 2, it shall be limited to the case where they share living accommodations. [This Article Wholly Amended by Act No. 7427, Mar. 31, 2005] ≪Enforcement Date: Jan. 1, 2008≫ Article 780 (Replacement of Head of Family and Members of Family) If the head of a family has been replaced, family members of the former head of a family shall become the family members of the new head of the family. Article 780 Deleted. <by Act No. 7427, Mar. 31, 2005> ≪Enforcement Date: Jan. 1, 2008≫ Article781(Entry into Family Register and Surname and Origin of Surname of Child) (1)A child shall succeed his or her father’s surname and origin of sur- name and shall have the name entered into his or her father’s family register: Provided, That when the father is a foreigner, the child may succeed the mother’s surname and origin of surname. <Amended by Act No. 5431, Dec. 13, 1997> (2)A child whose father is not known shall assume the mother’s sur- name and origin of surname, and shall have the name entered in the mother’s family register. (3)A child whose father and mother are not known shall, with the approval of the court, establish a new surname and origin of surname, and shall establish a new family: Provided, That if father or mother of a child is known after a child has established a new surname and origin of surname, the child shall assume his father or mother’s surname and origin of surname. Article 781 (Surname and Origin of Surname of Child) (1)A child shall succeed his or her father’s surname and origin of sur- name: Provided, That when the parents agree to have the child assume his or her mother’s surname and origin of surname at the time of filing a report on their marriage, he or she shall succeed the mother’s sur- name and origin of surname. (2)Where the father is a foreigner, the child may succeed the mother’s surname and origin of surname. (3)A child whose father is not known shall assume the mother’s sur- name and origin of surname. (4)A child whose father and mother are not known shall, with the ap- proval of the court, establish a new surname and origin of surname: Provided, That if the father or mother is known after the child has es- tablished a new surname and origin of surname, the child may assume the father or mother’s surname and origin of surname. (5)Where a child born out of wedlock is affiliated, the child may continue to use the previous surname and origin of surname subject to the agree- ment of the parents: Provided, That if the parents can not make such an agreement or fail to reach such an agreement, the child may continue to use the previous surname and origin of surname with the approval of the court. (6)Where there exists a need to alter the surname and origin of sur- name of a child for the welfare of the child, they may be altered with the approval thereof which the court grants upon a request of the father or mother or the child itself: Provided, That if the child is a minor and its agent by law may not make such a request, the request may be made by the relative provided for in Article 777 or a public prosecutor. [This Article Wholly Amended by Act No. 7427, Mar. 31, 2005] ≪Enforcement Date: Jan. 1, 2008≫ Article782(Entry into Family Register for Child Born out of Wedlock) (1)If a member of a family gives birth to a child out of wedlock, he may have the child’s name entered in their family register. (2)If it is impossible for a child born out of wedlock to have its name entered in its father’s family register, the child’s name may be entered into its mother’s family register, and if it is impossible for the child to have its name entered in its mother’s family register, the child shall establish a new family. Article783(Entry into Family Register for Adopted Child and its Spouse, etc.) The spouse, lineal descendant and its spouse, of an adopted child shall have their names together with the name of the adopted child entered in the adopting family register. Article784(Entry into Family Register for Wife’s Lineal Descendants who are not her Husband’s Blood Relatives) (1)If a wife has lineal descendants who are not husband’s blood rela- tives, she may, upon the consent of her husband, have their names entered in her husband’s family register. <Amended by Act No. 4199, Jan. 13, 1990> (2)If, in the cases mentioned in paragraph (1), the wife’s lineal de- scendants are members of another family, their entry into her husband’s register shall be subject to the consent of the head of such family. Article785(Entry into Family Register for Lineal blood Relatives of Head of Family) The head of a family may have the names of its own lineal ascendants or descendants who are not the head of another family, entered into its own family register. Article786(Re-entry of Adopted Child and its Spouse, etc. into Their Original Family Register) (1)An adopted child, its spouse, lineal descendants and their spouse shall be re-entered into the original family register by the effect of annul- ment or dissolution of adoptive relations. (2)If, in the cases mentioned in paragraph (1), the original family has become extinct or no successor to the lineage of such a family exists, the adopted child and others may restore the original family or establish a new family. Article787(Re-entry into Family Register of Wife, etc. and Establish- ment of New Family) (1)A wife and her lineal descendants who are not her husband’s blood relatives shall be re-entered into her native family register or establish a new family by the effect of annulment of marriage or divorce. <Amended by Act No. 4199, Jan. 13, 1990> (2)A wife and her lineal descendants who are not her husband’s blood relatives may, if her husband has died, be re-entered into her native family register or establish a new Family. <Amended by Act No. 4199, Jan. 13, 1990> (3)If, in the cases mentioned in paragraphs (1) and (2), the wife’s original family has become extinct or no successor to the lineage of such family exists, or it is impossible for the wife and her lineal descendants to return to her native family register for any other reason, she may restore her native family. <Amended by Act No. 4199, Jan. 13, 1990> Article 788 (Setting up Branch Family) (1)A member of a family may set up a branch family. <Amended by Act No. 4199, Jan. 13, 1990> (2)If a minor desires to set up a branch family, it shall obtain the con- sent of its agent by law. Article 789 (Legal Branch Family) Any member of a family shall establish rightly a branch family when get married, except in the case when it is a lineal descendant and the eldest son of the head of a family. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Articles 782 through 789Deleted. <by Act No. 7427, Mar. 31, 2005> ≪Enforcement Date: Jan. 1, 2008≫ Article 790 Deleted. <by Act No. 4199, Jan. 13, 1990> Article 791 (Head of Branch Family and its Family Members) (1)The spouse, lineal descendants and their spouses, of the head of a branch family shall have their names entered in the branch family register. (2)The lineal ascendants of the head of a branch family, who are not blood relatives of the head of the family may have their names entered in the branch family register. Article 791 Deleted. <by Act No. 7427, Mar. 31, 2005> ≪Enforcement Date: Jan. 1, 2008≫ Article 792 Deleted. <by Act No. 4199, Jan. 13, 1990> Article 793 (Adoption of Family Head and Extinguishment of Family) A person who became the head of a family by establishing a new family or setting up a branch family may extinguish the family in order to be adopted by another family. Article 794 (Marriage of Female Head and Extinguishment of Family) A female head of a family may extinguish her family in order to become married. Article795(Family Head Whose Name Entered into Another Family Reg- ister and His Family Members) (1)If a head of a family extinguishes its family and has its name en- tered in another family register, the names of its family members also shall be entered in another family register. (2)If, in the cases mentioned in paragraph (1), a member of a family is not allowed or does not desire to have its name entered in another family register, he shall establish a new family. <Amended by Act No. 4199, Jan. 13, 1990> Article 796 (Special Property Belonging to Member of Family) (1)A property acquired by a member of a family under his own name shall be treated as his special property. (2) If it is not clear as to whether a piece of property belongs to any member of a family, it shall be presumed to be jointly owned by the family members. <Amended by Act No. 4199, Jan. 13, 1990> Articles 793 through 796Deleted. <by Act No. 7427, Mar. 31, 2005> ≪Enforcement Date: Jan. 1, 2008≫ Articles 797 through 799 Deleted. <by Act No. 4199, Jan. 13, 1990>
CHAPTERⅢMARRIAGE SECTION1Matrimonial Engagement Article 800 (Freedom of Matrimonial Engagement) Any adult person may freely enter into a matrimonial engagement. Article 801 (Eligible Age for Matrimonial Engagement) A male who has attained full eighteen years of age and a female who has attained full sixteen years of age may enter into a matrimonial en- gagement upon the consent of his or her parents or guardian. The Pro- visions of Article 808 shall apply mutatis mutandis to this case. Article 802 (Matrimonial Engagement for Incompetent) An incompetent may enter into a matrimonial engagement upon consent of his or her parents or guardian. The provisions of Article 808 shall apply mutatis mutandis to this case. Article803(Prohibition of Compulsory Performance of Matrimonial Engagement) No person may claim to the court for compulsory performance of a matrimonial engagement. Article 804 (Reasons for Dissolution of Matrimonial Engagement) In a case where any one of the reasons as provided in the following subparagraphs is attributable to any one party to a matrimonial en- gagement, the other party may dissolve such engagement: <Amended by Act No. 4199, Jan. 13, 1990>
Article 805 (Method of Dissolution of Matrimonial Engagement) Dissolution of a matrimonial engagement shall be effected by the declaration of intention of one party to the other party: Provided, That in a case where a party is unable to make any declaration of intention to the other party, such engagement shall be deemed to have been dis- solved when the cause of such dissolution becomes known to the dis- solving party. Article806(Dissolution of Matrimonial Engagement and Claims for Damages) (1)When a matrimonial engagement has been dissolved between parties, one party may claim against the other party in negligence the damages therefrom. (2)In paragraph (1), the negligent party shall be liable for damages from mental anguish in addition to property damages. (3)Claims for damages from mental anguish may not be assigned or succeeded: Provided, That this shall not apply to the case where a con- tract concerning indemnity has already been entered into between the parties or a legal action on a claim for damages has been instituted.
SECTION2Formation of Marriage Article 807 (Marriageable Age) A man who has completed his full eighteen years of age, and a woman who has completed her full sixteen years of age, may enter into matri- mony. Article 808 (Marriage Requiring Consent) (1)A minor shall obtain the consent of both parents in order to marry. If one parent is unable to exercise the right of consent, the minor shall obtain the consent of the other parent, and if neither parent is able to exercise the right of consent, the minor shall obtain the consent of its guardian. (2) An incompetent may marry by obtaining the consent of its parents or guardian. (3) In cases of paragraphs (1) and (2), if a minor or an incompetent does not have a parent or guardian, or its parent or guardian is unable to give consent, he may marry with the consent of its family council. [This Article Wholly Amended by Act No. 3051, Dec. 31, 1977] Article 809 (Prohibition of Consanguineous Marriage, etc.) (1)A marriage may not be allowed between blood relatives (including the blood relatives of an adoptee before full adoption) within the eighth degree of relationship. (2)A marriage may not be allowed between the parties who are or were such relatives by affinity as the spouses of blood relatives within the sixth degree of relationship, the blood relatives of the spouse within the sixth degree of relationship, and the spouses of blood relatives of the spouse within the fourth degree of relationship. (3)A marriage may not be allowed between the parties who were the blood relatives of adoptive parent line within the sixth degree of rela- tionship and the affinity relatives of adoptive parent line within the fourth degree of relationship. [This Article Wholly Amended by Act No. 7427, Mar. 31, 2005] Article 810 (Prohibition of Bigamy) A person who has a spouse may not be allowed to enter into another marriage. Article 811 Deleted. <by Act No. 7427, Mar. 31, 2005> Article 812 (Formation of Marriage) (1)A marriage shall take effect by reporting in accordance with the provisions of the Family Register Act. (2)The report mentioned in paragraph (1) shall be submitted in writing with co-signatures of both parties and two adult witnesses. Article 813 (Examination of Marriage Report) Marriage report shall be accepted unless a marriage is in violation of the provisions of Articles 807 through 810 and 812 (2), and of any other Acts and subordinate statutes. <Amended by Act No. 7427, Mar. 31, 2005> Article 814 (Marriage Report in Foreign State) (1)A marriage between Korean nationals in a foreign state may be reported to the Korean Ambassador, Minister, or Consul stationed in that State. (2)The Ambassador, Minister, or Consul who has received such a report, as mentioned in paragraph (1), shall promptly forward such a report and any other documents attached thereto to the family registration offices of the home State which have jurisdiction over the original domi- ciles of the nationals concerned. <Amended by Act No. 7427, Mar. 31, 2005>
SECTION3Nullity and Annulment of Marriage Article 815 (Nullity of Marriage) A marriage is null and void if it falls under any one of the following sub- paragraphs: <Amended by Act No. 7427, Mar. 31, 2005>
Article 816 (Causes for Annulment of Marriage) A claim to the court for annulment of a marriage may be made under any one of the following subparagraphs: <Amended by Act No. 4199, Jan. 13, 1990; Act No. 7427, Mar. 31, 2005>
Article817(Claimant for Annulment of Marriage in Violation of Marriageable Age, etc.) In the case of a marriage in violation of the provisions of Articles 807 and 808, a claim for annulment of the marriage to the court may be made by either party or agent by law thereof. In case of a marriage in violation of the provisions of Article 809, a claim for annulment of the marriage to the court may be made by either party, their lineal ascen- dants or collateral blood relatives within the fourth degree of relation- ship. <Amended by Act No. 7427, Mar. 31, 2005> Article 818 (Claimant for Annulment of Bigamy) In the case of marriage in violation of the provisions of Article 810, a claim for annulment of the marriage to the court may be made by either party, the spouse, the lineal ascendants, the collateral blood relatives within the fourth degree of relationship, or a public prosecutor. [This Article Wholly Amended by Act No. 7427, Mar. 31, 2005] Article819(Extinguishment of Right of Claim for Annulment of Mar- riage without Consent) In the case of a marriage in violation of the provisions of Article 808, no claim for annulment of the marriage may be made, if three months have elapsed from the day on which the minor party had attained the age of 20 or the adjudication of incompetency of the party concerned had been canceled, or if the female party has become pregnant during the marriage. <Amended by Act No. 4199, Jan. 13, 1990; Act No. 7427, Mar. 31, 2005> Article820(Extinguishment of Right of Claim for Annulment of Con- sanguineous Marriage, etc.) In the case of a marriage in violation of the provisions of Article 809, no claim for annulment of the marriage may be made, if the female party has become pregnant during the marriage. <Amended by Act No. 7427, Mar. 31, 2005> Article 821 Deleted. <by Act No. 7427, Mar. 31, 2005> Article822(Extinguishment of Right of Claim for Annulment of Mar- riage due to Malignant Disease, etc.) No claim for annulment of a marriage may be made on the ground of causes falling under the provisions of subparagraph 2 of Article 816, if six months have elapsed from the day when one party became aware that the other party had such cause. Article823(Extinguishment of Right of Claim for Annulment of Mar- riage by Fraud or Duress) No claim for annulment of a marriage by fraud or duress may be made, if three months have elapsed from the day when the party discovered the fraud, or became free from the duress. Article 824 (Effect of Annulment of Marriage) The annulment of a marriage shall not be retrospectively effective. Article 824-2 (Annulment of Marriage, Fosterage of Children, etc.) The provisions of Articles 837 and 837-2 shall apply mutatis mutandis with respect to the responsibility of fostering children and the visita- tion right in the case of the annulment of a marriage. [This Article Newly Inserted by Act No. 7427, Mar. 31, 2005] Article 825 (Annulment of Marriage and Right to Claim Damages) The provisions of Article 806 shall apply mutatis mutandis in a case of the nullity and annulment of a marriage.
SECTION4Effect of Marriage Sub-Section1General Effect Article 826 (Duties of Husband and Wife) (1)Husband and wife shall live together, and shall support, and aid each other: Provided, That both parties must tolerate, if they do not live together temporarily for a due reason. (2)The place where husband and wife reside, shall be determined by an agreement between them: Provided, That if they fail to reach an agreement, the place shall be determined by the Family Court upon a request of either party. <Amended by Act No. 4199, Jan. 13, 1990> (3)The wife shall have her name entered in her husband’s family reg- ister. When the wife is the head or the successor of headship of her parents’ family, the husband may have his name entered in his wife’s family register. <Amended by Act No. 4199, Jan. 13, 1990> (4)In case of proviso of paragraph (3), a child born between husband and wife shall assume the mother’s surname and the origin of surname, and shall have its name entered in the mother’s family register. (3) and (4) Deleted. <by Act No. 7427, Mar. 31, 2005> ≪Enforcement Date: Jan. 1, 2008≫ Article 826-2 (Attaining Majority by Marriage) If a minor enters into marriage, he shall be deemed to have attained majority. [This Article Newly Inserted by Act No. 3051, Dec. 31, 1977] Article827(Right of Representation between Husband and Wife for Home Affairs) (1)Husband and wife shall exercise the right of representation for each other on normal home affairs. (2)Restriction upon the right of representation as mentioned in para- graph (1) shall not be set up against a third party acting in good faith. Article828(Revocation of Contract Entered between Husband and Wife) A contract entered into between husband and wife may be revoked by either party at any time during the marriage: Provided, That the right of a third party may not be prejudiced thereby.
Sub-Section2Effect on Property Article829(Agreement and its Alteration on Matrimonial Property) (1)If husband and wife have not, prior to the formation of marriage, entered into a contract which provides otherwise with respect to their property, their property relation shall be governed by the provision of each Article of this Sub-Section. (2)If husband and wife have, prior to the formation of marriage, en- tered into a contract with respect to their property, such contract may not be altered during the marriage: Provided, That if there is a due reason to alter such contract, it may be altered upon approval of the court. (3)If, in a case where one spouse manages the property of the other in accordance with the contract referred to in paragraph (2), and such property is imperiled by mismanagement, the other spouse may claim to the court for permission of its own management. In this case, if such property is common property between husband and wife, the other spouse may claim to the court for the division of such property. (4)If husband and wife have entered into a contract regarding their property, such contract may not be enforced against a successor in title of the husband or wife or a third party unless it is registered prior to the formation of their marriage. (5)If the manager has been changed or a division of property in co- ownership has been effected in accordance with paragraphs (2) and (3) or by a contract, such change or division may not be enforced against a successor in title of the husband or wife or against a third party unless it has been registered. Article830(Peculiar Property and Property of which Title is Uncertain) (1)Inherent property belonging to either husband or wife from the time before the marriage and property acquired during the marriage in his or her own name shall constitute his or her peculiar property. (2)Any property, of which title is uncertain between the husband and wife, shall be presumed to be in their co-ownership. <Amended by Act No. 3051, Dec. 31, 1977> Article 831 (Management, etc. of Peculiar Property) Husband or wife shall separately manage, use and take profit from his or her peculiar property. Article832(Joint Liability for Obligations with respect to Home Affairs) If, with respect to normal home affairs, one spouse has effected a juristic act with a third person, the other spouse shall be jointly and severally liable for the obligation therefrom: Provided, That this shall not apply where a previous notice, to the effect that the other spouse will not assume such liability, has been clearly given to the third person. Article 833 (Living Expenses) The expenses necessary for communal life of husband and wife shall be jointly and severally borne by them, unless a special stipulation has been made between them. [This Article Wholly Amended by Act No. 4199, Jan 13. 1990]
SECTION5Divorce Sub-Section1Divorce by Agreement Article 834 (Divorce by Agreement) Husband and wife may effect divorce by agreement. Article 835 (Divorce by Agreement for Incompetent Person) The provisions of Article 808 (2) and (3) shall apply mutatis mutandis to a divorce by agreement for an incompetent person. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article 836 (Taking Effect of Divorce and Method of Reporting) (1)Divorce by agreement shall take effect upon reporting in accordance with the provisions of the Family Register Act after obtaining the confirmation of the Family Court. <Amended by Act No. 3051, Dec. 31 1977> (2)The report as mentioned in paragraph (1) shall be filed in writing with joint signatures of both parties and two adult witnesses. Article 837 (Divorce and Responsibility of Fostering Children) (1)The parties shall determine by agreement matters concerning fos- tering their children. <Amended by Act No. 4199, Jan. 13, 1990> (2)If the agreement on matters concerning fostering as set forth in paragraph (1) has not been made or cannot be made, the Family Court may, upon the application filed by the parties or ex officio, decide mat- ters necessary for such fostering by taking into consideration the age of the children, financial status of either parent and any other circum- stances thereof. The Family Court may change at any time such matters or may take any other proper disposition. <Amended by Act No. 4199, Jan. 13, 1990; Act No. 7427, Mar. 31, 2005> (3)Except for matters relating to fostering, the provisions of para- graph (2) shall not effect any change of the right and duty of the parent. <Amended by Act No. 4199, Jan. 13, 1990> Article 837-2 (Visitation Rights) (1)A parent who does not have custody of children, shall have the visi- tation right. (2)If it is required for the welfare of children, the Family Court may, upon a request of the party or ex officio, restrict or exclude such a visi- tation right. <Amended by Act No. 7427, Mar. 31, 2005> [This Article Newly Inserted by Act No. 4199, Jan. 13, 1990] Article 838 (Claims for Revocation of Divorce by Fraud and Duress) Any person who has made a declaration of intention of his or her di- vorce by fraud or duress may claim to the Family Court for revocation of divorce. <Amended by Act No. 4199, Jan. 13, 1990> Article 839 (Provisions to be Applied Mutatis Mutandis) The provisions of Article 823 shall apply mutatis mutandis to the cases of divorce by agreement. Article 839-2 (Claim for Division of Property) (1)One of the parties who has been divorced by agreement, may claim a division of property against the other party. (2)If no agreement is made for a division of property as referred to in paragraph (1), or if it is impossible to reach an agreement, the Family Court shall, upon request of the parties, determine the amount and method of division, considering the amount of property acquired by cooperation of both parties and other circumstances. (3)The claim for division of property as referred to in paragraph (1) shall be extinguished at the expiration of two years from the day of divorce. [This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]
Sub-Section2Judicial Divorce Article 840 (Causes for Judicial Divorce) Either husband or wife may apply to the Family Court for a divorce in each case of the following subparagraphs: <Amended by Act No. 4199, Jan. 13, 1990>
Article841(Extinguishment of Right to Apply for Divorce due to Unchastity) With respect to the cause mentioned in subparagraph 1 of Article 840, if the spouse has given a previous consent or an ex post facto tolerance to the other party, or if six months have passed since the spouse was aware of such act of unchastity of the other, or if two years have passed since the happening of such event, the spouse may not apply to the court for a divorce. Article842(Extinguishment of Right to Apply for Divorce due to Any Other Reason) With respect to the cause as provided in subparagraph 6 of Article 840, one spouse may not apply to the court for divorce after the lapse of six months since the day when the spouse became aware of such cause, or after the lapse of two years since such cause has occurred. Article 843 (Provisions to be Applied Mutatis Mutandis) The provisions of Article 806, 837, 837-2 and 839-2 shall apply mu- tatis mutandis to the case of judicial divorce. <Amended by Act No. 4199, Jan. 13, 1990>
CHAPTERⅣPARENTS AND CHILDREN SECTION1Children of Natural Parent Article 844 (Presumption as Husband’s Child) (1)A child conceived by a wife during the marriage shall be presumed to be the child of the wife’s husband. (2)A child born after two hundred days from the day when the mar- riage was formed or born within three hundred days from the day when the matrimonial relation was terminated, shall be presumed to have been conceived during the marriage. Article 845 (Determination of Paternity by Court) If a woman who has remarried gives birth to a child, and it is impos- sible to determine the father of the child in accordance with the pro- visions of Article 844, the court shall, upon the application of the party concerned, determine the paternity of the child. <Amended by Act No. 7427, Mar. 31, 2005> Article 846 (Denial of Paternity of Child) Either of husband and wife may, in any case mentioned in Article 844, bring an action to deny that he is the natural father of the child. <Amended by Act No. 7427, Mar. 31, 2005> Article 847 (Action of Denial of Paternity) (1)The action of denial of paternity shall be brought by the husband or wife against the other spouse or the child within two years from the day when he or she becomes aware of the cause of the action. (2)In the case of paragraph (1), if both of the other spouse and the child against whom the action is to be brought has died, the action of denial of paternity may be brought against a public prosecutor within two years from the day on which he or she becomes aware of the death. [This Article Wholly Amended by Act No. 7427, Mar. 31, 2005] Article 848 (Incompetent’s Action of Denial of Paternity) (1)If the husband or wife is a person adjudged incompetent, his or her guardian may, upon the consent of the family council, bring an action of denial of paternity of a child. <Amended by Act No. 7427, Mar. 31, 2005> (2)If, in the case of paragraph (1), the guardian has not brought an action of denial of paternity, the person adjudged incompetent may bring the action of denial of paternity within two years after the revocation of the adjudication of incompetency. <Amended by Act No. 7427, Mar. 31, 2005> Article 849 (Denial of Paternity after Death of Child) If any lineal descendant of a child survives after the death of the child, the husband may bring an action of denial against the child’s mother, or if the mother does not survive, against the public prosecutor. Article 850 (Denial of Paternity by Will) If the husband or wife has expressed an intention of denial of paternity by will, the executor of the will shall bring an action of denial of pa- ternity. <Amended by Act No. 7427, Mar. 31, 2005> Article851(Death of Husband before Birth of Child, etc. and Denial of Paternity) If the husband dies before the birth of a child or the husband or wife dies within the period mentioned in Article 847 (1), only the lineal as- cendant or lineal descendant of the husband or wife may bring an action of denial of paternity within two years from the day on which he or she becomes aware of the death. [This Article Wholly Amended by Act No. 7427, Mar. 31, 2005] Article 852 (Extinction of Right of Denial of Paternity) Any person who recognizes the paternity of a child after the child is born may not bring an action of denial of the paternity again. [This Article Wholly Amended by Act No. 7427, Mar. 31, 2005] Article 853 Deleted. <by Act No. 7427, Mar. 31, 2005> Article 854 (Revocation of Recognition caused by Fraud or Duress) Recognition mentioned in Article 852 caused by fraud or duress shall be revocable. <Amended by Act No. 7427, Mar. 31, 2005> Article 855 (Affiliation) (1)A child born out of wedlock may be affiliated by its natural father or mother. When the marriage of the parent becomes null and void, the child born between them shall be deemed to be a child born out of wed- lock. (2)A child born out of wedlock, when its father and mother marry, shall be deemed to be a child born during the marriage from the time of the marriage. Article 856 (Affiliation by Incompetent) If the father is a person adjudged incompetent, he may affiliate himself as being the father of his child with the consent of the guardian. Article 857 (Affiliation of Deceased Child) Even after a child has died, if its lineal descendant survives, it may be affiliated as the lawful child. Article 858 (Affiliation of Unborn Child) A father may affiliate an unborn child. Article 859 (Effectiveness of Affiliation) (1)Affiliation shall become effective when it is reported in accordance with the provisions of the Family Register Act. (2)Affiliation may be effected by a will. In this case, the executor of a will shall make such report. Article 860 (Retrospective Effect of Affiliation) Affiliation shall be retrospectively effective from the time of birth of the child: Provided, That the right acquired by a third person shall not be prejudiced thereby. Article 861 (Revocation of Affiliation) If affiliation has been made by fraud, duress or grave mistake, its revo- cation may be claimed to the family court within six months from the day when such fraud or mistake becomes known, or such duress disap- pears. <Amended by Act No. 7427, Mar. 31, 2005> Article 862 (Action of Demurrer against Affiliation) A child or any other person interested may bring an action of demurrer against an affiliation within one year from the day when it becomes aware of a report of such affiliation. Article 863 (Action Demanding Affiliation) A child, any of its lineal descendants or the agent by law of any of them, may bring an action against its father or mother demanding affiliation by its father or mother. Article 864 (Death of Father or Mother and Action Demanding Affiliation) In the cases mentioned in Articles 862 and 863, if the father or mother of a child has died, an action of demurrer or action demanding affilia- tion may be brought against the public prosecutor within two years from the day when the death of the father or mother becomes known. <Amended by Act No. 7427, Mar. 31, 2005> Article 864-2 (Affiliation and Responsibility of Fostering Child, etc.) The provisions of Articles 837 and 837-2 shall apply mutatis mutandis with respect to the responsibility of fostering a child and the visitation right in the case of the affiliation of the child. [This Article Newly Inserted by Act No. 7427, Mar. 31, 2005] Article865(Action Demanding Confirmation of Denial or Existence of Paternity due to Any Other Reasons) (1)A person who may bring an action in accordance with the provi- sions of Articles 845, 846, 848, 850, 851, 862 and 863, may bring an action demanding confirmation of denial or the existence of paternity for any reason other than those mentioned in the aforesaid Articles. (2)In the cases mentioned in paragraph (1), if the party concerned has died, the other party may bring an action against the public prosecutor within two years from the day when it becomes aware of such death. <Amended by Act No. 7427, Mar. 31, 2005>
SECTION2Adoption Sub-Section1Requisites for Adoption Article 866 (Capacity for Adoption) Any person who has attained majority may adopt another as his child. Articles 867 and 868 Deleted. <by Act No. 4199, Jan. 13, 1990> Article869(Assent to Adoption of Person under Fifteen Years of Age) If the person to be adopted is under fifteen years of age, his agent by law shall assent to the adoption on his behalf: Provided, That the guard- ian may give his assent to the adoption after obtaining permission from the family court therefor. <Amended by Act No. 7427, Mar. 31, 2005> [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article 870 (Consent to Adoption) (1)The person to be adopted shall obtain the consent of his parents, and if such consent cannot be obtained from the parents due to death or any other cause, consent of any other lineal ascendant, if any, shall be obtained. (2)In the case of paragraph (1), if there are several lineal ascendants, the priority shall be put on the closest ascendant, and if there are sev- eral persons in the same order, the priority shall be put on the oldest person. <Amended by Act No. 4199, Jan. 13, 1990> Article 871 (Consent to Adoption of Minor) If the person to be adopted has not attained majority and he has neither parents nor any lineal ascendants, he shall obtain the consent of his guardian: Provided, That the permission by the Family court shall be obtained upon the consent of guardian. <Amended by Act No. 4199, Jan. 13, 1990> Article 872 (Adoption between Guardian and Ward) A guardian shall obtain the permission of the Family Court, if he adopts his ward. <Amended by Act No. 4199, Jan. 13, 1990> Article 873 (Adoption of Incompetent Person) An incompetent person may, upon the consent of his guardian, adopt a child or may be adopted by another. Article 874 (Joint Adoption of Husband and Wife) (1)When a person who has a spouse, adopts a child, he or she shall do it jointly with his or her spouse. (2)When a person who has a spouse, is adopted, he or she shall obtain the consent of the other party. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Articles 875 and 876 Deleted. <by Act No. 4199, Jan. 13, 1990> Article 877 (Prohibition of Adoption) (1)No ascendant or person of elder age may be adopted. (2)Deleted. <by Act No. 4199, Jan. 13, 1990> Article 878 (Effectiveness of Adoption) (1)An adoption becomes effective when a report of adoption, as pro- vided for in the Family Register Act, has been submitted. (2)The report mentioned in paragraph (1) shall be made in writing with joint signatures of both parties and two adult witnesses. Articles 879 and 880 Deleted. <by Act No. 4199, Jan. 13, 1990> Article 881 (Examination of Adoption Report) Adoption report shall be accepted unless the adoption is in violation of the provisions of Articles 866 through 877, and 878 (2) and any other Acts and subordinate statutes. <Amended by Act No. 4199, Jan. 13, 1990> Article 882 (Adoption Report in Foreign State) The provisions of Article 814 shall apply mutatis mutandis to the cases of adoption.
Sub-Section2Nullity and Annulment of Adoption Article 883 (Causes of Nullity of Adoption) An adoption shall be null and void if it falls under any of the following subparagraphs:
Article 884 (Causes of Annulment of Adoption) If an adoption falls under any of the following subparagraphs, a claim for annulment may be made to the Family Court: <Amended by Act No. 4199, Jan. 13, 1990>
Article 885 (Claimants for Annulment of Adoption) If an adoption has been made in violation of the provisions of Article 866, a claim for annulment of said adoption may be made to the court by the adoptive parent, adopted child or his agent by law and lineal blood relative. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article 886 (Claimants for Annulment of Adoption) If an adoption has been made in violation of the provisions of Article 870, the person entitled to give consent to the adoption may claim an- nulment of said adoption to the court, and if an adoption has been made in violation of the provisions of Article 871, the adopted child or the person entitled to give consent to the adoption may claim annulment to the court. <Amended by Act No. 4199, Jan. 13, 1990; Act No. 7427, Mar. 31, 2005> Article 887 (Claimants for Annulment of Adoption) If an adoption has been made in violation of the provisions of Article 872, a claim for annulment of said adoption may be made to the court by the ward or a member of family council, and if an adoption has been made in violation of the provisions of Article 873, a claim for annul- ment may be made by the incompetent or the guardian. Article 888 (Claimants for Annulment of Adoption) If an adoption has been made in violation of the provisions of Article 874, a claim for annulment may be made by the spouse. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article 889 (Extinction of Right to Claim for Annulment of Adoption) If an adoption is in violation of the provisions of Article 866, no claim for annulment may be made to the court after the adoptive parents have reached their majority. Article 890 Deleted. <by Act No. 4199, Jan. 13, 1990> Article 891 (Extinction of Right to Claim for Annulment of Adoption) If an adoption is in violation of the provisions of Article 871, no claim for annulment may be made to the court, if three months have elapsed after the adopted child attained its majority or if the adopted child has died. Article 892 (Extinction of Right to Claim for Annulment of Adoption) If an adoption is in violation of the provisions of Article 872, no claim for annulment may be made to the court, if six months have elapsed after closing of the management account by the termination of guard- ianship. Article 893 (Extinction of Right to Claim for Annulment of Adoption) If an adoption is in violation of the provisions of Article 873, no claim for annulment may be made after the lapse of three months from the time when the adjudication of incompetency has been revoked. Article894(Extinction of Right to Claim for Annulment of Adoption) If an adoption is in violation of the provisions of Article 870 or 874, no claim for annulment may be made to the court after the lapse of six months from the day when the adoptive parent became aware of any cause thereof, or after the lapse of one year from the day when any cause thereof occurred. Article 895 Deleted. <by Act No. 4199, Jan. 13, 1990> Article896(Extinction of Right to Claim for Annulment of Adoption) If an adoption of which there is any cause falling under the provisions of subparagraph 2 of Article 884, no claim for annulment may be made to the court after the lapse of six months from the day when either the adoptive parent or adopted child was aware of any cause thereof. <Amended by Act No. 4199, Jan. 13, 1990> Article 897 (Provisions to be Applied Mutatis Mutandis) The provisions of Article 823 and 824 shall apply mutatis mutandis to the cases of annulment of adoption, and the provisions of Article 806 shall apply mutatis mutandis to the case of nullity or annulment of adoption.
Sub-Section3Dissolution of Adoptive Relation (Ⅰ)Dissolution of Adoptive Relation by Agreement Article 898 (Dissolution of Adoptive Relation by Agreement) (1)The Adoptive parent and the adopted child may, by agreement, dis- solve the adoptive relation. (2)Deleted. <by Act No. 4199, Jan. 13, 1990> Article899(Dissolution of Adoptive Relation by Agreement for Persons under Fifteen Years of Age) (1)If an adopted child is under fifteen years of age, the person who assented to the adoption in accordance with the provisions of Article 869 shall consult, on behalf of the adopted child, with the adoptive parent regarding dissolution of the adoption: Provided, That if the person who assented to the adoption is unable to consult, due to death or any other reason, such consultation shall be made by another lineal ascendant of the adopted child’s native family. <Amended by Act No. 7427, Mar. 31, 2005> (2)Where the consultation referred to in paragraph (1) is made by the guardian of the adopted child or any other lineal ascendant of the adopted child’s native family, permission therefor shall be obtained from the family court. <Newly Inserted by Act No. 7427, Mar. 31, 2005> Article 900 (Dissolution of Adoptive Relation by Agreement for Minor) If an adopted child is a minor, it may enter into consultation for disso- lution of adoptive relation upon the consent of the person entitled to give consent to an adoption pursuant to the provisions of Article 871. Article 901 (Provisions to be Applied Mutatis Mutandis) In cases as prescribed in Articles 899 and 900, if there are several lineal ascendants, the provisions of Article 870 (2) shall apply mutatis mutandis. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article 902 (Dissolution of Adoptive Relation by Agreement for Incom- petent) If the adoptive parent or adopted child is an incompetent person, it may enter into a consultation for dissolution of adoptive relation upon the consent of its guardian. Article903(Examination of Report of Dissolution of Adoptive Relation) The report of dissolution of the adoptive relation shall be accepted unless the dissolution is in violation of the provisions of Articles 878 (2) and 898 through 902 or any other Acts and subordinate statutes. Article 904 (Provisions to be Applied Mutatis Mutandis) The provisions of Articles 823 and 878 shall apply mutatis mutandis to the cases of the dissolution of adoptive relation by agreement.
(Ⅱ)Judicial Dissolution of Adoptive Relation Article 905 (Cause for Judicial Dissolution of Adoptive Relation) Either the adoptive parent or the adopted child may, if either of them has cause mentioned in any of the following subparagraphs, claim to the Family Court for dissolution of adoptive relation: <Amended by Act No. 4199, Jan. 13, 1990>
Article 906 (Provisions to be Applied Mutatis Mutandis) The provisions of Article 899 through 902 shall apply mutatis mu- tandis to the cases of application for judicial dissolution of adoptive relationship. <Amended by Act No. 4199, Jan. 13, 1990> Article 907 (Extinction of Right to Claim for Dissolution of Adoptive Relation) No claim of the dissolution of adoptive relation may be made with the cause falling under the provisions of subparagraphs 1 through 3 and 5 of Article 905, after the lapse of six months from the day when the party becomes aware of such cause, or after the lapse of three years from the day when such cause occurs. Article908(Dissolution of Adoptive Relation and Right to Claim Dam- ages) The provisions of Article 806 shall apply mutatis mutandis to the cases of judicial dissolution of adoptive relation.
Sub-Section4Full Adoption Article 908-2 (Requisites, etc. for Full Adoption) (1)Any person who intends to make the full adoption of a child shall make a request to the family court for such full adoption after meeting the following requirements:
(2)The family court may reject the request of paragraph (1) if it deems that such full adoption is not appropriate for the welfare of the child to be adopted, taking into consideration the situation of the child’s up- bringing, the motives of such full adoption, the competence of the pro- spective adoptive parents for bringing up the child, and other circum- stances. [This Article Newly Inserted by Act No. 7427, Mar. 31, 2005] ≪Enforcement Date: Jan. 1, 2008≫ Article 908-3 (Effect of Full Adoption) (1)The child adopted through full adoption shall be deemed to be born during the marriage of the adoptive parents. (2)Relationships of the adopted child before such full adoption shall be terminated at the time when such full adoption is decided upon such a request as provided for in Article 908-2 (1): Provided, That where one of husband and wife has made the full adoption of the other spouse’s child as his or her one independently, the same shall not apply with respect to the relationship of the child with the other spouse and the other spouse’s relatives. [This Article Newly Inserted by Act No. 7427, Mar. 31, 2005] ≪Enforcement Date: Jan. 1, 2008≫ Article 908-4 (Annulment, etc. of Full Adoption) (1)If a natural father or mother of the child who are adopted through full adoption failed to be concerned in such consent as referred to in the proviso of Article 908-2 (1) 3 due to any cause not attributable to himself or herself, he or she may make a request to the family court for annulment of such full adoption within six months from the day when he or she becomes aware of such adoption. (2)The provisions of Articles 883 and 884 shall not apply with respect to full adoption. [This Article Newly Inserted by Act No. 7427, Mar. 31, 2005] ≪Enforcement Date: Jan. 1, 2008≫ Article 908-5 (Dissolution of Full Adoption) (1)The adoptive parent, adopted child, natural father or mother, or public prosecutor may apply to the family court for the dissolution of the full adoption in each case of the following subparagraphs:
(2)The provisions of Articles 898 and 905 shall not apply with respect to the dissolution of full adoption. [This Article Newly Inserted by Act No. 7427, Mar. 31, 2005] ≪Enforcement Date: Jan. 1, 2008≫ Article 908-6 (Provisions to be Applied Mutatis Mutandis) The provisions of Article 908-2 (2) shall apply mutatis mutandis with respect to the annulment of full adoption or the request for dissolution of full adoption under Article 908-5 (1) 2. [This Article Newly Inserted by Act No. 7427, Mar. 31, 2005] ≪Enforcement Date: Jan. 1, 2008≫ Article 908-7 (Effect of Annulment and Dissolution of Full Adoption) (1)If a full adoption is annulled or dissolved, the adoptive relation shall be terminated and the relationship of relatives before such full adoption shall be reestablished. (2) In the case of paragraph (1), the annulment of full adoption shall not be effective retroactively. [This Article Newly Inserted by Act No. 7427, Mar. 31, 2005] ≪Enforcement Date: Jan. 1, 2008≫ Article 908-8 (Provisions to be Applied Mutatis Mutandis) Except as otherwise provided in this Sub-Section, the provisions of adop- tion shall apply mutatis mutandis with respect to full adoption unless they are not contrary to the nature of such full adoption. [This Article Newly Inserted by Act No. 7427, Mar. 31, 2005] ≪Enforcement Date: Jan. 1, 2008≫
SECTION3Parental Authority Sub-Section1General Provisions Article 909 (Person of Parental Authority) (1)Parents shall have parental authority over their child who is a minor. In the case of an adopted child, the adoptive parents shall have such parental authority. <Amended by Act No. 7427, Mar. 31, 2005> (2)The parental authority shall be jointly exercised by both parents, when they are under marriage. If the parents fail to reach an agreement, the Family Court shall determine it upon the request of the party. (3)When one parent is unable to exercise the parental authority, the other shall exercise it. (4)If either a child born out of wedlock is affiliated or parents are di- vorced, the person of the parental authority shall be determined by an agreement between the parents, and, if it is impossible to make such agreement or the parents fail to reach an agreement, the party concerned shall request the family court to designate the person of the parental authority. <Amended by Act No. 7427, Mar. 31, 2005> (5)In the case of the annulment of marriage, judicial divorce, or action demanding affiliation, the family court shall ex officio determine the person of the parental authority. <Amended by Act No. 7427, Mar. 31, 2005> (6)The family court may, if deemed necessary for the welfare of a child, alter the person of the parental authority to the other party upon re- quest of a relative of the child within the fourth degree of relationship. <Newly Inserted by Act No. 7427, Mar. 31, 2005> [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article 910 (Exercise of Child’s Parental Authority) A person of parental authority shall exercise, in place of the child sub- ject to his or her parental authority, parental authority over children of such child. <Amended by Act No. 7427, Mar. 31, 2005> Article 911 (Agent by Law of Minor Child) The parent who exercises parental authority shall become the agent by law of his or her minor child. Article 912 (Standards for Exercise of Parental Authority) In exercising parental authority, priority shall be given to the welfare of a child. [This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]
Sub-Section2Effect of Parental Authority Article 913 (Rights and Duties to Protect and Educate Child) A person of parental authority shall have rights and duties to protect and educate his or her child. Article 914 (Right to Designate Place of Residence) A child shall reside at a place designated by a person of parental au- thority. Article 915 (Right to Take Disciplinary Action) The person of parental authority may, in order to protect or educate his or her child, take necessary disciplinary action against the child, and may entrust such child to a reformatory or correctional institution upon the approval of the court. Article 916 (Child’s Peculiar Property and Management thereof) Any property acquired under the name of a child shall be peculiar prop- erty of the child, and such property shall be managed by the person of parental authority who is the agent by law of the child. Article 917 Deleted. <by Act No. 4199, Jan. 13, 1990> Article 918 (Management of Property Gifted to Child by Third Party) (1)If a third party, in gifting a property to a child, has declared an intention to oppose the management of the property by the person of parental authority, the person of parental authority shall not manage the property. (2)If, in case of paragraph (1), the third party has not designated a manager for the property, the court will appoint a manager upon the application of the child to whom the property has been gifted, or of any of its relatives pursuant to the provisions of Article 777. (3)The same shall apply as prescribed in the preceding paragraph if, in a case where the authority of the manager designated by the third party has been terminated, or if it becomes necessary to change man- ager, but the third party fails to appoint a new manager. (4)The provisions of Article 24 (1), (2) and (4), former part of Arti- cle 25 and Article 26 (1) and (2) shall apply mutatis mutandis to the cases of paragraphs (2) and (3). Article919(Mutatis Mutandis Application of Provisions concerning Mandate) The provisions of Articles 691 and 692 shall apply mutatis mutandis to the cases of property management as provided in Articles 916, 917, and 918. Article920(Right of Representation by Person of Parental Authority with respect to Child’s Property) The person of parental authority who is the agent by law of the child shall represent the child on juristic acts concerning the property of the child: Provided, That if an obligation is to be assumed requires any act of the child the consent of the child itself shall be obtained. Article920-2(Effect of Act done under Joint Names by One of Persons of Joint Parental Authority) If both parents have parental authority, and one parent, under the names of both parents, represents its child or consents to a juristic act of the child, such representation or consent shall be valid even though it is contrary to the intention of the other parent except for the case where the other party is in bad faith. [This Article Newly Inserted by Act No. 4199, Jan. 13, 1990] Article921(Acts of Conflicting Interest between Person of Parental Authority and Child, or among Children) (1)If a person of parental authority, who is the agent by law of a child, is to perform acts of conflicting interest between himself or herself and his or her child, he or she shall apply to the court for appointment of a special representative on behalf of the child. (2)In a case where a person of parental authority, who is the agent by law of children, is to perform acts in which the interests of one child conflict with those of the other child or children, the person of parental authority shall, on behalf of one party, apply to the court for appoint- ment of a special representative. <Amended by Act No. 7427, Mar. 31, 2005> Article922(Duty of Person of Parental Authority to Pay Due Care and Diligence) If a person of parental authority exercises the right of representation on juristic acts or the right of property management for the children under his or her parental authority, he or she shall exercise such author- ity with the same care and diligence as he or she would do so on any acts regarding his or her own property. Article 923 (Account of Property Management) (1)When the parental authority of a person who is the agent by law of a child has been extinguished, the person who has been exercising pa- rental authority shall render an account of the property management of the child. (2)In case of paragraph (1), the benefits accrued from the child’s prop- erty shall be deemed to have been set-off against the expenses from bringing up the child and from managing the property: Provided, That this shall not apply to a property with which a third party, in gifting it to the child, has declared an intention contrary to such set-off.
Sub-Section3Loss of Parental Authority Article 924 (Adjudication of Loss of Parental Authority) If a parent abuses parental authority or is guilty of gross misconduct, or there exists any other serious reason for not allowing the parent to exercise parental authority, the court may, upon the application of any of the child’s relatives pursuant to the provisions of Article 777 or of a public prosecutor, adjudge the loss of parental authority. Article925(Adjudication of Loss of Right of Representation and Man- agement) If a person of parental authority who is the agent by law of his or her child endangers by mismanagement the property of the child, the court may, upon the application of any of the child’s relatives pursuant to the provisions of Article 777, adjudge the loss of the right of repre- sentation on juristic acts of the child and the right of the management of the child. Article 926 (Adjudication of Recovery of Lost Authority) When the causes mentioned in Articles 924 and 925 have ceased to exist, the court may upon the application of the party concerned or any of its relatives pursuant to the provisions of Article 777, adjudge the recovery of the lost right. Article 927 (Surrender and Recovery of Right of Representation and of Property Management) (1)The person of parental authority who is the agent by law of the child may, if due reasons exist, surrender the right of representation on the juristic act of the child and the right of the management of property of the child upon the approval of the court. (2)If the circumstances mentioned in paragraph (1) cease to exist, the person of parental authority may, upon the approval of the court, re- cover the right which he or she has surrendered.
CHAPTERⅤGUARDIANSHIP SECTION1Guardian Article 928 (Commencement of Guardianship over Minor) If there is no person of parental authority over a minor or if a person of parental authority is unable to exercise the right of representation with respect to the juristic acts or the right of management of property of a minor, a guardian shall be appointed for said minor. Article 929 (Commencement of Guardianship over Incompetent, etc.) If an adjudication of incompetency or quasi-competency has been made, a guardian shall be appointed over such person who has been adjudicated as such. Article 930 (Number of Guardian) There shall be no more than one guardian. Article 931 (Designation of Guardian by Will) A parent who exercises parental authority over a minor may designate by will a guardian over a minor: Provided, That a person of parental authority who has no right of representation on juristic acts or of management of property may not designate a guardian. Article 932 (Order in Guardianship of Minor) If no guardian is designated under Article 931, a guardian shall be ap- pointed in the order of the lineal blood relatives and collateral blood re- latives within the third degree of relationship of the minor. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article 933 (Order in Guardianship of Incompetent Person, etc.) If incompetence or quasi-incompetence is adjudged, a guardian shall be appointed in the order of the lineal blood relatives and collateral blood relatives within the third degree of relationship of the person who is declared incompetent or quasi-incompetent. [This Article Newly Inserted by Act No. 4199, Jan. 13, 1990] Article 934 (Order in Guardianship of Married Person) If a married person is declared incompetent or quasi-incompetent, the spouse shall be a guardian: Provided, That if the spouse is declared incompetent or quasi-incompetent as well, a guardian shall be appointed in the order as provided in Article 933. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article 935 (Order Whereby Guardian is to be Appointed) (1)If there are several lineal or collateral blood relatives as provided in Articles 932 through 934, the precedence shall be given to the closest relative, and if there are several persons in the same order, the prec- edence shall be given to the oldest person. <Amended by Act No. 4199, Jan. 13, 1990> (2)Notwithstanding paragraph (1), where both natural parents of an adopted child and the adoptive parents are alive, the priority of guardianship shall be placed on the adoptive parents, and in a case where the degree of relationship between a blood relative of natural family and the blood relative of adoptive family is the same, the priority shall be placed on the blood relative of the adoptive family. Article 936 (Appointment of Guardian by Court) (1)If there is no person to become guardian in accordance with provi- sions of Articles 932 through 935, the court shall appoint a guardian upon the application of the ward’s relatives pursuant to the provisions of Article 777 or of any other interested parties. (2)The same shall apply as provided in the preceding paragraph in a case where there is no person to become a guardian in accordance with the provisions of Articles 932 through 935, if any vacancy in the posi- tion of guardian occurs due to the death, ineligibility or any other reason of the guardian. Article 937 (Ineligibility for Guardianship) Any person who falls under any of the following subparagraphs shall not become a guardian:
Article 938 (Right of Representation of Guardian) A guardian shall become the agent by law of the ward. Article 939 (Surrender of Guardianship) A guardian may, where any reasonable ground exists, surrender his authority upon the approval of the court. Article 940 (Replacement of Guardian) (1)If it is deemed that there is a need to replace a guardian for the welfare of the ward, the family court may replace the guardian upon the application of the ward’s relative or a public prosecutor or ex officio. (2)In the case of paragraph (1), the family court may appoint a rela- tive within the fourth degree of relationship or any other competent person as a guardian of the ward, regardless of the order in guardian- ship referred to in Articles 932 through 935. [This Article Wholly Amended by Act No. 7427, Mar. 31, 2005]
SECTION2Duties of Guardian Article 941 (Investigation of Property and Preparation of Inventory) (1)A guardian shall, without delay, investigate the ward’s property, and prepare an inventory of such property within two months: Provided, That where reasonable grounds exist, this period may be extended with the permission of the court. (2)The investigation of property and the preparation of the inventory mentioned in paragraph (1) shall not be valid unless conducted with the participation of a designated member of the family council. Article 942 (Presentation of Claim and Obligation by Guardian) (1)In a case where a guardian has a claim against, (or is under an obli- gation towards), the ward, he shall present the contents thereof to the family council or a designated member of such council before he com- pletes the preparation of the inventory. (2)If a guardian, notwithstanding his awareness of his claim against the ward, fails to present such claim as provided in paragraph (1), he shall be deemed to have waived the claim. Article 943 (Authority of Guardian prior to Completion of Inventory) Until a guardian has investigated the property and has completed the inventory, he shall not be entitled to exercise his authority with respect to such property, except for urgent necessity: Provided, That this may not be set up against a third person acting in good faith. Article944(Investigation of Property Acquired by Ward, etc. under Blanket Title) The provisions of Articles 941 through 943 shall apply mutatis mutandis to the case where the ward has acquired property under a blanket title after the guardian has assumed office. Article 945 (Rights and Duties of Guardian on Status of Minor) The guardian of a minor shall have, with respect to the matters as pro- vided in Articles 913 to 915, the same rights and duties as a person of parental authority: Provided, That in order to change the mode of education, or the place of residence as determined by the person of parental authority, or to entrust the ward to a reformatory or correc- tional institution, or to revoke or restrict business permitted by the person of parental authority, the guardian shall obtain the consent of the family council. Article 946 (Guardianship Limited to Management of Property) When a person of parental authority is only unable to exercise parental power with respect to the right of representation on juristic acts and the right of management of property, the functions of a guardian shall be limited to the acts concerning the property of a minor. Article947(Medical Treatment and Care, and Custody for Incompetent) (1)The guardian of an incompetent shall not neglect his duty of care in the medical treatment, care and custody of his ward. (2)In order to place an incompetent under restraint in a private resi- dence or to confine such person in a mental institution or any other place to undergo medical treatment, a guardian shall obtain permission from the court: Provided, That in an urgent situation, he may apply to the court for an ex post facto permission. Article 948 (Exercise of Parental Authority of Minor) (1)A guardian shall exercise parental authority in place of the ward over a child of the ward. (2)With respect to the exercise of parental authority as mentioned in paragraph (1), the provisions concerning the functions of guardian shall apply mutatis mutandis. Article 949 (Right of Property Management and of Representation) (1)A guardian shall manage the ward’s property and represent the ward in juristic acts concerning the latter’s property. (2)The provisions of the proviso of Article 920 shall apply mutatis mutandis to the juristic acts as mentioned in paragraph (1). Article950(Restriction to Right of Legal Representation by Law and Right of Consent) (1)A guardian shall obtain the consent of family council in order to do one of the acts mentioned in the following subparagraphs in place of the ward, or to give consent to the performance of one of the acts mentioned in the following subparagraphs by a minor or a quasi-incompetent:
(2)Any act done in violation of the provisions of paragraph (1) may be revoked by the ward or family council. Article 951 (Acquisition of Right Against Ward by Assignment) (1)When a guardian acquires by assignment a third person’s right against the ward, he shall obtain the consent of family council. (2)An act done in violation of the provisions of paragraph (1) may be revoked by the ward or family council. Article 952 (Peremptory Notice by Other Party on whether to Ratify) The provisions of Article 15 shall apply mutatis mutandis to the per- emptory notice of the other party to family council whether it ratifies or not in the cases of Articles 950 and 951. Article 953 (Supervision over Guardianship Affairs by Family Council) The family council may at any time demand a guardian to submit a report on the performance of its duties and to present an inventory of property, and may investigate the status of the ward’s property. Article 954 (Disposition concerning Guardianship Affairs by Court) The court may, upon the application of the ward, of any of the ward’s relatives pursuant to the provisions of Article 777 or of any other in- terested persons, investigate the status of the ward’s property, and may order such dispositions as may be necessary for the management of the ward’s property or any other performance of guardian’s duties. Article 955 (Remuneration to Guardian) The court may, upon the application of a guardian, allow to the guard- ian a reasonable remuneration from the ward’s property, taking into account the financial capacity of the ward and any other circumstances. Article 956 (Mutatis Mutandis Application of Provisions of Mandate and Parental Authority) The provisions of Articles 681 and 918 shall apply mutatis mutandis to a guardian.
SECTION3Termination of Guardianship Article 957 (Termination of Functions of Guardianship and Account of Management) (1)When the duties of a guardian have terminated, the guardian or his successor shall render an account of his management within one month: Provided, That if there is any justifiable reason, such period may be extended upon the approval of the court. (2)The account as mentioned in paragraph (1) shall not be effective unless conducted with the participation of a designated member of family council. Article958(Addition of Interest and Liability for Pecuniary Expendi- ture) (1)Money to be paid by a guardian to the ward or vice versa shall bear interest from the day when the account has been closed. (2)If a guardian has expended the ward’s money for its own benefit, such money shall bear interest from the day when the expenditure was made, and if there are any damages incurred to the ward, the guardian shall be liable for such damages. Article959(Mutatis Mutandis Application of Provisions concerning Mandate) The provisions of Articles 691 and 692 shall apply mutatis mutandis in case of the termination of guardianship.
CHAPTERⅥFAMILY COUNCIL Article 960 (Organization of Family Council) A family council shall be organized when any circumstances which re- quire a resolution of family council in accordance with the provisions of this Act and any other Acts exist. Article 961 (Number of Family Council Members) (1)Members of a family council shall be not less than three and not more than ten in number. (2)A family council shall have one representative, who is elected by mutual votes among members of the family council. (3)The representative mentioned in paragraph (2) shall legally re- present the family council concerning activities in a litigation or other acts directed to outsiders. Article962(Designation of Family Council Members by Person of Pa- rental Authority) A person of parental authority who may designate a guardian, may designate members of a family council for minor. Article 963 (Election and Appointment of Family Council Member) (1)Members of a family council shall be appointed by the court from among the relatives pursuant to the provisions of Article 777 or the per- sons who have any relation to the person concerned or his family, upon the application of the person concerned, his or her agent by law or any of the relatives pursuant to the provisions of Article 777 or the party interested: Provided, That this shall not apply to the case where mem- bers of a family council have been designated in accordance with the provisions of Article 962. (1)Members of a family council shall be appointed by the court from among the relatives pursuant to the provisions of Article 777 or the per- sons who are in any special relation to the person concerned, upon the application of the person concerned, his or her agent by law or any of the relatives pursuant to the provisions of Article 777 or the party inter- ested: Provided, That this shall not apply to the case where members of a family council have been designated in accordance with the provi- sions of Article 962. <Amended by Act No. 7427, Mar. 31, 2005> ≪Enforcement Date: Jan. 1, 2008≫ (2) A person who is entitled to file an application to the court pursuant to the provisions of paragraph (1), may submit a statement of his opinion concerning the number of members of the family council and their appointment. Article 964 (Ineligibility for Membership of Family Council) (1)A guardian may not become a member of family council for the ward until the account of guardian’s management has been completed. (2)The provisions of Article 937 shall apply mutatis mutandis to the members of family council. Article965(Standing Family Council for Person Lacking Legal Capacity) (1)A family council for a minor, an incompetent or a quasi-incompe- tent shall continue to exist until the time when the cause of incapacity has ceased. (2)When a vacancy in the position of family council member as referred to in the preceding paragraph has occurred, the court shall fill up such vacancy ex officio or upon the application. Article 966 (Convocation of Family Council) Family council shall be convoked by the Family Court upon the appli- cation of the person concerned, his or her agent by law, spouse, any lineal blood relatives, head of family, member of family council, the party interested or prosecutor. <Amended by Act No. 4199, Jan. 13, 1990> Article 966 (Convocation of Family Council) Family council shall be convoked by the Family Court upon the applica- tion of the person concerned, his or her agent by law, spouse, any lineal blood relatives, member of family council, the party interested or prose- cutor. <Amended by Act No. 4199, Jan. 13, 1990; Act No. 7427, Mar. 31, 2005> ≪Enforce- ment Date: Jan. 1, 2008≫ Article 967 (Method of Decision by Family Council) (1)Decisions of family council on the matter concerned shall be made by an affirmative vote of the majority of the members. (2)A member interested in the matter mentioned in paragraph (1) shall be excluded from voting. (3)In a case where a decision has been made in writing by an affirm- ative vote of the majority of family council in place of a decision of family council, the person who is entitled to demand the convocation of family council in accordance with the provisions of Article 966 may apply to the court for its revocation within two months. Article 968 (Expression of Opinion at Family Council) The person concerned, his or her agent by law, spouse, lineal blood relative, collateral blood relative within the fourth degree of relation- ship or head of family, may present and express his or her opinion at a family council. Article 968 (Expression of Opinion at Family Council) The person concerned, his or her agent by law, spouse, lineal blood re- lative, or collateral blood relative within the fourth degree of relation- ship may present and express his or her opinion at a family council. <Amended by Act No. 7427, Mar. 31, 2005> ≪Enforcement Date: Jan. 1, 2008≫ Article969(Court Decision to be Substituted for Decision of Family Council) If it is impossible for family council to make a decision or family council fails to make a decision, the person who is entitled to demand the convocation of family council may apply to the court for a decision which will substitute for a decision of family council. Article 970 (Surrender of Membership from Family Council) A member of family council may, if valid reasons exist, surrender the membership of family council upon permission of the court. Article 971 (Dismissal of Family Council Member) (1)If any unjustifiable act has been committed against the duty of the member of family council and there is any other improper reason, the court may, ex officio or upon the application of the person concerned, his or her agent by law, or any of the relatives of the person concerned pursuant to the provisions of Article 777, or the person interested, re- place or dismiss the responsible member of family council. (2)In a case where the count deems it appropriate, the court may ex officio or upon the application of the person concerned, his or her agent by law, or any of the relatives of the person concerned pursuant to the provisions of Article 777 or the party interested, increase the number of the members of family council and appoint them. Article972(Decision of Family Council and Actions of Demurrer thereto) A person who is entitled to demand the convocation of a family council, may within two months after a decision of family council file an action in the court, to contest such decision. Article 973 (Duties of Members of Family Council to Manage with Care of Good Manager) The provisions of Article 681 shall apply mutatis mutandis to a member of family council.
CHAPTERⅦSUPPORT Article 974 (Duty to Furnish Support) Relatives falling under each of the following subparagraphs shall be under a duty to furnish support to each other:
Article 975 (Duty to Furnish Support and Ability of Living) A person under duty to furnish support shall perform his or her duty only in the case where the person entitled to receive support is unable to support himself or herself by his or her own financial resources or labor. Article 976 (Order to Furnish Support) (1)In a case where there exist several persons under duty to support, and no agreement has been reached between the parties concerned with respect to the order in which they are to furnish support, such order shall be determined by the court upon the application of the parties concerned. In a case where there exist several persons entitled to get support, and the financial capacity of the person under duty to furnish support is insufficient to support all of them, the same shall apply. (2)In case of paragraph (1), the court may select and designate several persons under duty to furnish support, or entitled to get support. Article 977 (Extent and Method of Support) If no agreement has been reached between the parties concerned with respect to the extent and method of support, the court may, upon the application of the parties concerned, determine such matters, taking into account the living standard of the person entitled to get support, the financial resources of the person under duty to furnish support and any other related circumstances. Article 978 (Alteration or Revocation of Support Relation) If, after an agreement has been reached between the parties concerned, or a court decision has been rendered with respect to the order of per- sons under obligation to support or persons entitled to get support, or to the extent and method of support, any change has taken place in the circumstances, the court may revoke or alter the agreement or the de- cision upon the application of the parties concerned. Article 979 (Prohibition of Disposition of Claim for Support) The right to be supported may not be the subject of disposition.
CHAPTERⅧSUCCESSION TO HEADSHIP OF FAMILY SECTION1General Provisions Article980(Cause for Commencement of Succession to Headship of Family) Succession to the headship of a family shall be commenced by the cause falling under any of the following subparagraphs: <Amended by Act No. 4199, Jan. 13, 1990>
Article 981 (Place of Commencement of Succession to Family Headship) Succession to the headship of a family shall be commenced at the place of domicile of the person whose headship is succeeded. <Amended by Act No. 4199, Jan. 13, 1990> Article 982 <Action for Recovery of Succession to Family Headship) (1)Where the right of succession to family headship has been violated by an unauthorized head of a family, the successor or his or her agent by law may file an action in the court for the recovery of a succession to family headship. <Amended by Act No. 4199, Jan. 13, 1990> (2)The right to demand recovery of succession to family headship under paragraph (1) shall be extinguished, if three years from the day of knowl- edge of the violation or ten years from the day of commencement of the succession have elapsed. <Amended by Act No. 4199, Jan. 13, 1990> Article 983 Deleted. <by Act No. 4199, Jan. 13, 1990>
SECTION2Successor to Family Headship Article 984 (Order of Succession to Family Headship) With respect to succession to the family headship, it shall be given to a person in the following order: <Amended by Act No. 4199, Jan. 13, 1990>
Article 985 (Order of Succession to Family Headship) (1)In cases where there are two or more lineal descendants standing in the same order under Article 984, the closest in degree of relationship shall have priority, and the child born during the marriage shall have priority among lineal descendants standing in the same degree of relationship. (2)If there are two or more persons standing in the same order as prescribed in paragraph (1), the older person shall have priority: Pro- vided, That if there are two or more wives of lineal descendants falling under subparagraph 5 of Article 984, priority shall be given in accor- dance with the order in which a wife’s husband is entitled to succession. (3)An adopted child shall be treated as having been born at the time of adoption. Article 986 (Order of Succession to Family Headship) Where there are two or more lineal ascendants mentioned in subpara- graph 4 of Article 984, the nearest in degree of relationship shall have priority. Article987(Natural Mother who has No Right of Succession to Family Headship) The natural mother of the person to be succeeded who is an adopted child or the natural mother who has no matrimonial relation with the father of the person to be succeeded can not become the successor of the family headship even if she is a member of the family of the person to be succeeded: Provided, That if the person to be succeeded is the head of a branch family or of a newly established family, this shall not apply. <Amended by Act No. 4199, Jan. 13, 1990> Article 988 Deleted. <by Act No. 4199, Jan. 13, 1990> Article 989 (Order of Succession of Child Born out of Wedlock) With regard to the order of succession for the person who becomes a child born during the marriage in accordance with the provisions of Article 855 (2), the person shall be deemed to have been born at the time when the person’s parents were married. <Amended by Act No. 4199, Jan. 13, 1990> Article 990 Deleted. <by Act No. 4199, Jan. 13, 1990> Article 991 (Waiver of Right of Succession to Family Headship) The right of succession to family headship may be waived. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article 992 (Causes for Disqualification of Successor) Any person who falls under any of the following subparagraphs may not become a successor to a family headship: <Amended by Act No. 4199, Jan. 13, 1990>
Article 993 (Female Head of Family and her Successor) In the event of succession to family headship arising from the death of a female head of the family or her leaving from the family register, even if there exist lineal descendants or ascendants as prescribed in Article 984, unless he or she is a blood relative who is to succeed to the lineage of the family, her lineal descendant may not become the successor to family headship: Provided, That this shall not apply where the person to be succeeded is a female head of a branch family or a newly estab- lished family. <Amended by Act No. 4199, Jan. 13, 1990> Article 994 (Litigation in respect of Right of Succession and Court’s Disposition for Management of Property) (1)If litigation, which might influence the existence and the priority of a right of succession, is pending in the court after a succession has been commenced, the court shall, upon the application of the spouse of the person to be succeeded, a relative within the fourth degree of re- lationship, or any other parties interested, take such disposition as may be necessary for the management of the succeeded property. <Amended by Act No. 4199, Jan. 13, 1990> (2)Where the court has appointed an administrator for the property, the provisions of Articles 24 through 26 shall apply mutatis mutandis.
SECTION3Effect of Succession to Family Headship Article995(Succession to Family Headship and Succession of Rights and Duties) A successor to the family headship succeeds, from the time of the commencement of the succession, to all the rights and duties of the former head of the family: Provided, That this shall not apply to those rights and duties which are entirely personal to the former head of a family. <Amended by Act No. 4199, Jan. 13, 1990> Article 996 Deleted. <by Act No. 4199, Jan. 13, 1990>

## CHAPTERⅧDeleted.

Articles 980 through 996 Deleted. <by Act No. 7427, Mar. 31, 2005> ≪Enforcement Date: Jan. 1, 2008≫