Section 1574 — Parental control of child's property
Statutory text (Thai original)
แก้ไขเพิ่มเติมโดยพระราชบัญญัติแก้ไขเพิ่มเติมประมวลกฎหมายแพ่งและพาณิชย์ (ฉบับที่ ๑๐) พ.ศ. ๒๕๓๓ [234] คำว่า “
Verbatim from the Royal Gazette / Office of the Council of State
English translation
A person exercising parental power cannot enter into any of the following juristic acts with regard to the property of the minor except with permission of the Court; 1. selling, exchanging, sale with right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgageable movable property; 2. extinguishing the whole or a part of real right of the minor on immovable property; 3. creating servitude, right of inhabitation, right of superficies, usufruct or any charge on immovable property; 4. disposing of the whole or a part of the claim the purpose of which is to create real right on immovable property or on mortgageable property, or the claim the purpose of which is to have a real right on such property of the minor relieved; 5. letting immovable property for more than three years; 6. creating any commitments the purpose of which is to achieve the objective as provided in (1), (2) and (3); 7. making a loan of money; 8. making a gift, except out of the income of the minor on the minor’s behalf for charitable, social or moral purposes, and suitable to the minor’s condition in life; feedback (/form/1-samuiforsale-contact-form.html?tmpl=component) / 9. accepting a gift subject to any condition or charge, or refusing a gift; 10. giving guarantee by any means whatsoever which may cause the minor to be compelled to perform an obligation or to enter into other juristic act, as requiring the minor to perform an obligation to other person or on behalf of other person; 11. making benefit out of the property other than those provided in Section 1598/4 (1), (2) or (3) 12. making a compromise; 13. submitting a dispute to arbitration.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1574 limits parental power over a child's significant assets — protecting the child from improvident parental decisions. Court approval (juvenile and family court) is needed before selling the child's land, gifting it, mortgaging, or settling a claim worth more than nominal amounts. This often arises in inheritance contexts: a child inherits land from a grandparent, and the surviving parent wants to sell to pay debts or relocate — the court must approve. The parent must show the transaction is in the child's interest, not the parent's.
Why this matters in practice
For lawyers: before a parent sells, mortgages, or gives away a minor child's inherited land, a court petition is mandatory; any transfer without approval is voidable at the child's election. For clients: you cannot sell your child's property without the court's permission — this protects the child from parental self-dealing.
Legislative history
Section 1574 has applied since the B.E. 2519 revision. The Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025, did not substantively alter §1574 but its parental power protections apply equally to children of all married couples.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 533/2552 (2009)
Settling a minor child's tort claim without court approval is an act covered by §1574 and is voidable.
Where a minor child was entitled to tort compensation, the parent acting as legal representative required court approval before settling the claim; settling without approval was an act requiring court sanction under §1574 and was voidable.
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Supreme Court Judgment No. 6595/2539 (1996)
A parent-guardian managing inherited property for minor children must obtain court approval under §1574 before dealing with that property.
A mother acting as legal guardian and estate administrator transacted over the minor children's inherited property; the court found she was required under §1574 to obtain court approval before dealing with the children's share of the estate.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.