KOREA CIVIL CODE - Marriage and Divorce

CHAPTER III MARRIAGE

SECTION 1 Matrimonial 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 engagement upon the consent of his or her parents or guardian. The Provisions 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.

Article 803 (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 engagement, the other party may dissolve such engagement:

1.If one of the parties has been sentenced to punishment of not less than suspension of qualification;

2.If one of the parties has been adjudicated as incompetent or quasiincompetent after the conclusion of matrimonial engagement;

3.If one of the parties has been suffering from venereal disease, incurable psychosis or any other incurable malignant disease;

4.If one of the parties is engaged to or has married a person other than the party to the engagement after the conclusion of matrimonial engagement;

5.If one of the parties has committed adultery with another person after the conclusion of matrimonial engagement;

6.If the death and life of one of the parties has been unknown for one year or more after the conclusion of matrimonial engagement;

7.If one of the parties has refused or delayed marriage without due reason; and

8.If there exists any other serious reason.

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 dissolved when the cause of such dissolution becomes known to the dissolving party.
 

Article 806 (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 contract concerning indemnity has already been entered into between the parties or a legal action on a claim for damages has been instituted.

SECTION 2 Formation 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 matrimony.

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.

Article 809 (Prohibition of Marriage between Parties Whose Surname and its Origin are Common)

(1) A marriage may not be allowed between blood relatives, if both surname and its origin are common to the parties.

(2) A marriage may not be allowed to the parties if either of them is or was the spouse of a male line blood relative, husband's blood relative or any other relative by affinity within the eighth degree of relationship.

Article 810 (Prohibition of Bigamy)

A person who has a spouse may not be allowed to enter into another marriage.

Article 811 (Period to Prohibit Remarriage)

A female may not remarry unless six months have elapsed from the day of the termination of her previous marriage: Provided, That if she gives birth after the termination of her previous matrimonial relation, this shall not apply.

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 811 and 812 (2), and of any other Acts and subordinate statutes.

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 pertinent family registration officer of the home State.

SECTION 3 Nullity and Annulment of Marriage

Article 815 (Nullity of Marriage)

A marriage is null and void if it falls under any of the following subparagraphs:

1.Where there is no agreement to marry between the parties;

2.Where there exists or existed between the parties the relationship of lineal blood relative, collateral blood relative within the eighth degree of relationship and spouse to one of such relatives; and

3.Where there exists or existed between the parties the relationship of lineal relative by affinity and relative by affinity of husband's blood relative within the eighth degree of relationship.

Article 816 (Causes for Annulment of Marriage)

A claim to the court for annulment of a marriage may be made under any of the following subparagraphs:

1.Where a marriage is in violation of the provisions of Articles 807 through 811;

2.When at the time of marriage one of the parties was unaware that the other party had been suffering from a malignant disease or had any other serious reason which would make marital life unable to continue; and

3.When the declaration of intention to marry has been made by fraud or duress.

Article 817 (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 ascendants or collateral blood relatives within the eighth degree of relationship.

Article 818 (Claimant for Annulment of Bigamy, etc.)

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, their spouse, lineal ascendants or collateral blood relatives within the eighth degree of relationship, or a public prosecutor. In case of a marriage in violation of the provisions of Article 811, a claim for annulment of the marriage to the court may be made by either party, their former spouse or lineal ascendants.

Article 819 (Extinguishment of Right of Claim for Annulment of Marriage 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 its majority or the adjudication of incompetency of the party concerned had been canceled, or if the female party has become pregnant during the marriage.

Article 820 (Extinguishment of Right of Claim for Annulment of Marriage of Common Surname, 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 a child was born between the parties during the marriage.

Article 821 (Extinguishment of Right of Claim for Annulment of Marriage in Violation of Period to Remarry)

In the case of a marriage in violation of the provisions of Article 811, no claim for annulment of the marriage may be made, if six months have elapsed from the day of the termination of the previous marriage relation or if the female party has become pregnant after her remarriage.

Article 822 (Extinguishment of Right of Claim for Annulment of Marriage 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.

Article 823 (Extinguishment of Right of Claim for Annulment of Marriage 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 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.  

SECTION 4 Effect of Marriage

                Sub-Section 1 General 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.

(3) The wife shall have her name entered in her husband's family register. 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.

(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.

Article 826-2 (Attaining Majority by Marriage)

If a minor enters into marriage, he shall be deemed to have attained majority.
 

Article 827 (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 paragraph (1) may not be set up against a third party acting in good faith.

Article 828 (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-Section 2 Effect on Property

Article 829 (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, entered 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 coownership 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.
 

Article 830 (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.

Article 831 (Management, etc. of Peculiar Property)

Husband or wife shall separately manage, use and take profit from his or her peculiar property.
 

Article 832 (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.  

SECTION 5 Divorce

                Sub-Section 1 Divorce 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.
 

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.

(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 fostering their children.

(2) If the agreement on the 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, decide the matters necessary for such fostering by taking into consideration of the age of the children, financial status of either parent and any other circumstances thereof. The Family Court may change at any time such matters or may take any other proper disposition.

(3) Except for matters relating to fostering, the provisions of paragraph (2) shall not effect any change of the right and duty of the parent.

Article 837-2 (Visitation Rights)

(1) A parent who does not have custody of children, shall have the visitation right.
 

(2) If it is required for the welfare of children, the Family Court may, upon a request of the party, restrict or exclude such a visitation right.

Article 838 (Claims for Revocation of Divorce by Fraud and Duress)

Any person who has made a declaration of intention of his or her divorce by fraud or duress may claim to the Family Court for revocation of divorce.

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.

                Sub-Section 2 Judicial 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:

1.If the other spouse has committed an act of unchastity;

2.If one spouse has been maliciously deserted by the other spouse;

3.If one spouse has been extremely maltreated by the other spouse or his or her lineal ascendants;

4.If one spouse's lineal ascendant has been extremely maltreated by the other spouse;

5.If the death or life of the other spouse has been unknown for three years; and

6.If there exists any other serious cause for making it difficult to continue the marriage.

Article 841 (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.

Article 842 (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 mutatis mutandis to the case of judicial divorce.

 CHAPTER IV PARENTS AND CHILDREN

 SECTION 1 Children 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 marriage 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 in violation of the provisions of Article 811 gives birth to a child, and it is impossible to determine the father of the child in accordance with the provisions of Article 844, the court shall, upon the application of the party concerned, determine the paternity of the child.

Article 846 (Denial of Paternity of Child)

The husband may, in any case mentioned in Article 844, bring an action to deny that he is the natural father of the child.

Article 847 (Action of Denial of Paternity)

(1) Said action of denial shall be brought against the child or the mother of parental authority within one year from the day when the husband became aware of the child's birth.

(2) If there is no mother of parental authority, the court shall appoint a special representative.

Article 848 (Incompetent's Action of Denial of Paternity)

(1) If the husband is a person adjudged incompetent, his guardian may, upon the consent of the family council, bring an action of denial of paternity of a child.

(2) If, in the case of paragraph (1), the guardian has not brought an action of denial, the person adjudged incompetent may bring an action of denial within one year after the revocation of the adjudication of incompetency.

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 has expressed an intention of said denial by will, the executor of the will shall bring an action of denial.

Article 851 (Death of Husband before Birth of Child and Denial of Paternity)

If the husband dies before the birth of a child or within the period mentioned in paragraph (1) of Article 847, only the lineal ascendant or lineal descendant of the husband may bring an action of denial within one year from the day on which he or she becomes aware of the death of the husband.

Article 852 (Extinction of Right of Denial of Paternity)

If the husband recognizes his paternity after the child is born, he may not bring an action of denial again.

Article 853 (Recognition of Paternity after Conclusion of Action)

The husband may recognize his paternity of the child even after the conclusion of an action of denial.

Article 854 (Revocation of Recognition caused by Fraud or Duress)

Recognition mentioned in Articles 852 and 853 caused by fraud or duress, shall be revocable.

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 wedlock.

(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, it may be revoked with the approval of the court within six months from the day when such fraud or mistake becomes known, or such duress disappears.

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 affiliation may be brought against the public prosecutor within one year from the day when the death of the father or mother becomes known.

Article 865 (Action Demanding Confirmation of Denial or the Existence of Paternity due to any other Reasons)

(1) A person who may bring an action in accordance with the provisions 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 one year from the day when it becomes aware of such death.

SECTION 2 Adoption

                Sub-Section 1 Requisites for Adoption

Article 866 (Capacity for Adoption)

Any person who has attained majority may adopt another as his child.

Articles 867 and 868

Deleted.

Article 869 (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.

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 several persons in the same order, the priority shall be put on the oldest person.

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.

Article 872 (Adoption between Guardian and Ward)

A guardian shall obtain the permission of the Family Court, if he adopts his ward.

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.
 

Articles 875 and 876

Deleted.

Article 877 (Prohibition of Adoption)

(1) No ascendant or person of elder age may be adopted.

(2) Deleted.

Article 878 (Effectiveness of Adoption)

(1) An adoption becomes effective when a report of adoption, as provided 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.

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.

Article 882 (Adoption Report in Foreign State)

The provisions of Article 814 shall apply mutatis mutandis to the cases of adoption.

                Sub-Section 2 Nullity 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:

1.Where there is no agreement to an adoption between the parties; and

2.Where an adoption is in violation of the provisions of Articles 869 and 877 (1).

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:

1.Where an adoption is in violation of the provisions of Articles 866 and 870 through 874;

2.Where there is no knowledge of the fact, at the time of adoption, that the child to be adopted or the adopting person has been suffering from a malignant disease or has had any other serious cause; and

3.Where an intention of adoption was expressed by fraud or duress.
 

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.
 

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 its consent to an adoption may claim annulment of said adoption to the court, and if an adoption has been made in violation of the provisions of Article 871, the adopted child, the agent by law or the person entitled to give consent to an adoption, may claim annulment to the court.

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 annulment 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.
 

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.

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 guardianship.
 

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.

Article 894 (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.

Article 896 (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.

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-Section 3 Dissolution 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, dissolve the adoptive relation.

(2) Deleted.

 
Article 899 (Dissolution of Adoptive Relation by Agreement for Persons under Fifteen Years of Age)

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.
 

Article 900 (Dissolution of Adoptive Relation by Agreement for Minor)

If an adopted child is a minor, it may enter into consultation for dissolution 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.

Article 902 (Dissolution of Adoptive Relation by Agreement for an Incompetent)

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.

Article 903 (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:

1.If one party has committed grave negligence, such as impairing family honor or dissipating property:

2.If one party has been extremely maltreated by the other or its lineal ascendant;

3.If one party's lineal ascendant has been extremely maltreated by the other party;

4.If the death or life of the adopted child has been unknown for three years or more; and

5.If there exists any other serious cause with which it is difficult for either party to continue the adoptive relationship.
 

Article 906 (Provisions to be Applied mutatis mutandis)

The provisions of Article 899 through 902 shall apply mutatis mutandis to the cases of application for judicial dissolution of adoptive relationship.

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.

Article 908 (Dissolution of Adoptive Relation and Right to Claim Damages)

The provisions of Article 806 shall apply mutatis mutandis to the cases of judicial dissolution of adoptive relation.               

SECTION 3 Parental Authority

                Sub-Section 1 General Provisions

Article 909 (Person of Parental Authority)

(1) The child who is a minor, shall be subject to the parental authority of parents.

(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 upon the request of the party.

(3) When one parent is unable to exercise the parental authority, the other shall exercise it.

(4) In a case where either a child born out of wedlock is affiliated, or parents are divorced, the person who is to exercise the parental authority, shall be determined by an agreement between the parents, and upon request of either party by the Family Court if it is impossible to make such agreement, or the parents fail to reach an agreement. This provision shall also apply to a case where it is required to change a person of parental authority.

(5) The adopted child shall be subject to the parental authority of its adoptive parents.

Article 910 (Exercise of Child's Parental Authority)

A person of parental authority shall exercise, in place of the child subject to its parental authority, parental authority over children of such child.

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

Deleted.

                Sub-Section 2 Effect 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 authority.

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 property 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.

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 manager, but the third party fails to appoint a new manager.

(4) The provisions of Article 24 (1), (2) and (4), former part of Article 25 and Article 26 (1) and (2) shall apply mutatis mutandis to the cases of paragraphs (2) and (3).

Article 919 (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.

Article 920 (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.

Article 920-2 (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.

Article 921 (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 appointment of a special representative.

Article 922 (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 authority 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 parental 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 property 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-Section 3 Loss 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.

Article 925 (Adjudication of Loss of Right of Representation and Management)

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 representation 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, recover the right which he or she has surrendered.