Page:พรบ แก้ ปพพ (๒๕๓๓-๐๙-๐๘).pdf/5

 The right to claim the return of the engagement gift according to section 1442 shall be subject to six-month limitation from the day the engagement contract was rescinded.”

The provisions of section 1464 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“In the event that either spouse has become insane, irrespective of whether or not he or she has been adjudged incompetent by a court, and the other spouse fails to appropriately maintain him or her according to section 1461, paragraph 2, or performs or refrains from any act, thereby placing him or her in the state of being likely to suffer danger to the body or mind or the state of being likely to suffer considerable injury to property, the person specified in section 29 or the custodian may institute an action against such other spouse so as to claim maintenance for the insane spouse or request the court for any order for protection of the insane spouse.

In the event that a claim is made for maintenance according to paragraph 1, if the court has not yet adjudged the insane spouse incompetent, a request shall be made to the court in the same case for its order adjudging the insane person incompetent together with a request for appointing the requestor himself or herself or another person founded appropriate by the court as the custodian, or if the court has already adjudged the insane spouse incompetent, a request may be made for removal of the existing custodian and appointment of a new custodian.