The Republic of LATVIA LAW on amendments and additions to the Republic of Latvia, the 1937 civil law, family law, part of the Republic of Latvia Supreme Council decides: amendments and additions to the Republic of Latvia, the 1937 civil law, family law and express it as follows: the first part of the first chapter of family law marriage first subchapter engagement engagement is mutual 26 promise connected to marriage. Engagement does not give right to ask the Court for the marriage.
The penalties laid down in the case, if someone refuses to go, the marriage is not valid.
27. If the engagement of a betrothed or if its backs, each the whole property must be returned to the betrothed, he bought a second, his parents or any other person in connection with the proposed marriage. The right to reclaim the gifts do not go to the heirs of the deceased contributor, but the heirs of the deceased brought the requirements can continue.
Do not have to give back the gifts, if the marriage does not take place because of: 1) betrothed the donor is dead;
2) the donor is given up to go in marriage without reason and 3) the donor's demeanor had been betrothed to each other the important reason of marriage to opt out.
28. If one of the betrothed without reason refuses to go in marriage or do like that this demeanor is betrothed to each other the important reason of marriage to refuse, this latest fiance, his parents or the person who issued the betrothed, may require from the guilty to pay the betrothed direct damages which arose due to the fact that they're the next marriage chance something issued or entered into any commitment.
Regardless of the same can be claimed from the other betrothed betrothed, which gave a reason to cancel the engagement to pay the losses he suffered from the activities relating to his assets and potential profits and what he has done in connection with the proposed marriage. The amount of the compensation agreed with the guilty and the public engaged in property funds.
31. the requirements arising from the engagement to lapse within one year from the date of the wedding cancelled or when the betrothed of the betrothed bride away, but in the case of pregnancy, from the date of his birth if at that time the wedding already been cancelled or fiance had deviated from it.
The second subdivision and the dissolution of the marriage I. Obstacles to the marriage before marriage is prohibited 32. eighteen years of age, except in the case provided for in article 33.
33. In exceptional cases with the consent of the parent or guardian can make a marriage a person sixteen years of age, if the marriage is entered into with a minor person. If parents or guardians without reason to give permission, the deny permission can make family courts at the place where the parents or guardians appointed.
43. marriage is prohibited for persons the Court recognized as incapacitated long disease or dementia.
35. Prohibited the marriage of relatives in a straight line, the brothers with sisters and half-brothers half-sister (213. p.).
Prohibited marriage between persons of the same sex.
37. Forbidden marriage between the adoptive parent and the adopted, unless terminated by adoption of the legal relationship established.
38. a new marriage is Prohibited for persons already on the marriage.
Also prohibited the marriage guardian and custodian of the ward with the auspices, included no custody or guardianship terminated relationships.
II. Applications for marriage. 40. Before the promulgation of the laulāšan going to tender.
41. A Person who wants to go in marriage, except in the case provided for in article 51, submitted for the application to the vital statistics office at the place of residence of the person or the place of residence of the parents.
42. the application of willingness to go marriage must submit a birth certificate and, where appropriate, the parents, guardian or family courts of written authorisation, but persons who earlier had another marriage, — the former spouse's death certificate or a copy of the final judgment of the Court of the walked, that marriage was dissolved or annulled, or an extract from the register of marriage with such a judgment.
Like them to marriage must be submitted to the State or local authorities medical proof of their health condition.
False news under this article the provision of perpetrators may be held criminally liable.
43. If it is not possible to get the previous (42) in the first subparagraph, such documents shall replace them with the judgment of the Court of the fact of the finding.
44. the Tender shall be the vital statistics office where the marriage application. Advertising is not allowed: 1) If, at the time applications are submitted, are not met, the provisions of the law;
2) if the documents shows that marriage is.
Call rejecting, the vital statistics office of the administrator to make a reasoned decision, which put two weeks of may appeal to the Court.
45. the Notification shall take place by posting for one month the announcement the vital statistics office where the application is made on the desire to go in marriage.
In urgent cases, looking at the circumstances, vital statistics office should have the right to shorten the notification time at its discretion.
46. The previous (45) the period provided for in article persons whose rights are infringed, the marriage can invoke against the conclusion, claiming the legal obstacles.
Reservation by article 61-64 may be brought also to the Prosecutor.
Challenge shall be submitted in writing to the vital statistics office at the tender (45 p.).
47. If built, the vital statistics office in the reservation, in which the elections go in marriage (41 p.), about the reservation immediately notify announced.
48. If the announced unjustified reservation declared, two weeks from the date of receipt of the notification shall also be communicated to the vital statistics office.
The Department immediately shall notify the objector of the reservation.
49. If the objectors say two weeks, counting from that day when he received the invitation shall be submitted in response to the vital statistics office for the Court to oppose the claim, announced the ban to go into marriage, the Department suspended over izsludinājum to the resolution of the case in court.
50. If the reservation has not been or is not built in, or it has been rejected by the vital statistics office may enter into a marriage or a marriage application is issued with a check mark on the tender to marriage could conclude at the cleric or other vital statistics office.
51. If the laulājam belongs to ev.-Lutheran, Roman Catholic, Orthodox, old believers, Methodist, baptist, seventh day adventist or Moses (judaist) religious confession and wants to marry to his confession, which is the priest in the confession management authorization, notification shall be made at the confession rules.
52. the right to marry has Opened within six months from the date of becoming aware that there is no impediment to the marriage (50 p.).
You can marry in the vital statistics office or at the clergy (53 p.). At the same time the clergy can also be salaul by article 51 invitations.
III. The marriage Contract in the 53. the vital statistics office of the administrator or specified in article 51 Interfaith clergy if the marriage.
54. The vital statistics office of the curator or the clergy officiating, not if they have certain obstacles to the marriage.
55. The vital statistics office of the administrator or the Minister may without prior notification of the contract, if the groom going to war over, or if the groom or bride's life threatening disease.
56. Laulāšan going on personally in the presence of him and fiancee, as well as two adult witnesses.
The vital statistics office in the open division of the officiating. Outside these premises may only be the groom or bride officiating or other important reasons.
57. The vital statistics office of the curator asks him and fiancee, or they want to go to marriage. If both expressed this wish, the curator of that issue on the basis of this agreement and the law of marriage.
The clergyman officiating after his confession.
58. The Ministers for each marriage concluded within fourteen days of the marriage register of particulars to the civil registry Department it served, in the territory of which the laulāšan took place. Failure to execute this obligation of the clergy be liable to administrative responsibility.
IV. the marriage of 59. To recognize marriage as only can future (60-67) in the cases provided for in the articles.
60. As recognized in the marriage that is not closed nor the vital statistics office, not to the clergy (53 p.).
To be recognized as marriage, fictitious, i.e., without the intent to establish a family.
61. As recognized in the marriage concluded, include the spouses or one of them reached 32. or as provided for in article 33.
This marriage is not recognised, if it followed the wife's pregnancy or if both spouses to the judgment of the Court of Justice of the age is reached.
62. If the marriage be recognized that at the time of the conclusion of one of the spouses was considered incapable of action long illness or insanity or been in a position, not being able to understand their actions or their conduct.
63. As recognized in the marriage that prohibited relationship of the spouses (p. 35).
64. As recognized in the marriage, which at the time of the conclusion of one of the spouses was in another marriage.
The second marriage cannot be declared void if the first marriage up to the judgment of a run out with death, divorce, or annulment.
65.60-64. in the cases specified in article marriage in the absence of a claim can be made as the interested parties and the public prosecutor.
When the marriage ended one by death or divorce, the action may be brought only those persons whose right to offend in this marriage. If both spouses have died, marriage requirements can not be sued.
66.60-64. in the cases specified in article marriage does not lapse in the requirements.
67. A spouse may challenge the marriage if he gave it a punishable threat affected.
The claim shall be submitted within six months from the impact of the threat.
68. Previous (60-64 and 67) in the cases provided for in the articles is considered the marriage void from the moment of conclusion.
V. divorce 69. Court can only segregate the coming marriage (71-77) in the cases specified in the articles. The marriage is dissolved from the date of the judgment of divorce become final.
70. The Court may divorce by one or both spouses.
71. A spouse may demand a divorce if the other spouse threatens his life or health.
72. when one spouse leaves other, the latter may request divorce if absence lasts not less than one year.
73. A spouse may demand a divorce if the other spouse after the marriage is contracted with long lasting, hard long illness or dziedinām the same contagious disease.
74. A spouse may demand a divorce if the other spouse has committed a criminal offence, which aptraip the honor or were unfair or lewd living that may not require the continuing cohabitation of marriage with her.
75. the divorce can be when life is so the marriage relationship that further cohabitation of the spouses and the preservation of the family is not possible.
76. three years continuously prolonged spouse divorced life is the reason for the divorce.
77. the parties seeking a divorce, both spouses are also in agreement, but no earlier than one year after the marriage.
78. the reconciliation of the spouses, the Court postponed the hearing for the purpose at the time of three to six months, excluding 73, 71, 74 and 76 cases referred to in article.
Vi. Marriage and divorce effects of 79. If a marriage is annulled and if one of the former spouses, marriage going, unaware that it must be regarded as such, if he is poor, he has the right to require nutrition (3.95 p. d.) on the other, which knew it, commensurate with the last features, except when he is without reason, avoid getting funds for his work.
The obligation to maintain the former spouse out if the last dose in a new marriage.
80. a spouse whose marriage was annulled, get back, which he had before the marriage.
If he going in marriage, unaware that the marriage shall be declared void, the Court may, at his request to leave his married name.
81. After the divorce it from ex-spouses, which is poor, may require diet (3.95 p. d.) from the other relatively with the last features, except that the viņšbez important reason to avoid getting funds for his work.
82. the obligation to maintain the former spouse if the latter is out with its activities contributed to the breakdown of the marriage or has gone a new marriage.
83. the spouse, marriage stādam, your last name changed is also entitled after the divorce called this surname, or at the request of the Court granted her maiden name.
The third subdivision of the personal law 84. Marriage creates man and woman responsibilities be mutually faithful, to live together, one on the other to provide and jointly care for the well-being of the family.
85. family separation sort, both spouses have the same rights. In the event of a dispute, the Parties shall endeavour to agree. Dispute settlement the spouses may apply to the courts.
86. the conclusion of the marriage, the spouses wish, designate one of the maiden name of their common surname.
Each spouse during the marriage can keep their maiden name, assuming a common married name.
Entering into a marriage, a spouse can add to her own surname of the other spouse.
87. The spouses regardless of their property relations is the right to home farm within the replace one another. Transactions concluded by one spouse», these activities, recognised as also concluded on behalf of the other spouse, if the circumstances of the case do not appear otherwise.
If there are important reasons, one spouse may be restricted in the rights of the other spouse or take away, but the third party such aprobežojum or atņēmum are valid only if they have been notified about it, or if it is recorded in the register of matrimonial property (140 p.).
88. each spouse regardless of the matrimonial property regime are entitled to basic general independently to deal with his death.
Fourth subchapter matrimonial rights i. legal spouses property relations 89. Each of the spouses keeps things that belonged to him before marriage, just with their possessions, which he acquires during the marriage (p. 91).
All the time of the marriage, the spouses acquire jointly or one of them, but with the resources of both spouses or with the operation of the other spouse is a common property of both spouses; in case of doubt, assume this treasure belongs to two similar parts.
If one spouse owned property values at the time of the marriage, replace with another, the last thing this spouse.
90. each spouse throughout the marriage life has the right to manage and use all their belongings, as before, it belonged to the marriage during the marriage.
The common property of both spouses (89.2 p. d.) the spouses and with their act together, but both spouses consent, it can also manage one of them. One of the action with this property requires the consent of the other spouse.
91. the separate property of each spouse is: 1) property that the spouse owned before marriage or spouses in the contract established a separate property;
2) articles that are useful in only one spouse for personal use or require his assent;
3) Manta, which one spouse acquired free of charge at the time of the marriage;
4) spouse's individual property income that is not released to the family and household purposes;
5) possessions, which previous officers (1.-4.) above assets.
The fact that a certain thing is separate, must prove that the spouse claims. The fact that real estate is one of the separate property of the spouse, the ground record books.
93. the spouse of the other spouse may also be served in the management and use of having this thing by all means must be kept and protected.
94. If the spouse is in the management of the other spouse owned the building, he has to do not only with the necessary scanner, but also improvements to the extent permitted by the income of the other spouse.
One of the real estate of the second spouse can rent or lease for a period not exceeding three years and are not a contract land records books; money noguldām to the spouse, the owner's name.
To the spouse with his management and use the other spouse in property values could handle it, and that his conduct exceeded the conventional boundaries of the management and administration, he must understand the consent of the other spouse.
In the interest of third parties acceptable, if otherwise is not recorded in the register of property relations of such consent had, except when the third party knew or should have known that there was no consent, or when the property that a spouse acted, is the one that apparently belongs to the other.
95. Both spouses are obliged to bear the family and household expenses of the spouses ' common property.
If the spouses ' common property is not sufficient for the maintenance of the family, either spouse may request that the other spouse participating in family and household expenditure commensurate with their individual property.
If the spouses are living apart, divorce the spouse who lives is not at fault, may require from the other relatively recent gear features with either the benefits or features, understand with their diet food, clothing, accommodation and, if applicable, any handling except when important reasons he avoids getting funds for his work.
96. The commitments entered into by the spouses jointly or joint family household, they answer with the joint property and each with their own separate property, if there is not enough common things.
For commitments one of the spouses entered into family or joint household, this spouse answers with their belongings when the spouses ' common property is not enough. The other spouse for these commitments with his answer only if the connection used by the family or joint household.
97. the spouse whose management and usage of the property of the other spouse is responsible for the obligations of the present spouse with his or her property income, but if it's not enough — with their management and use of existing assets.
The spouse who assumed obligations, answer with the rest of their individual property, if the property referred to in this article is not enough.
98. For obligations arising from one spouse's illegal activities, answer the first spouse with their separate property (91. p.). But if its not enough — with its share of the joint property of the spouses.
99. The spouse answer only to their individual possessions (91. p.), but if its not enough, with its share of the joint property of the spouses: 1) on commitments they have concluded to my own personal invoice or without the consent of the other spouse;
2) on commitments they have concluded, touching the other spouse rights to his property management and use.
On the unjust enrichment of one of the spouses in the context of the commitments entered into in the second answer to the general basis.
100. One of the effects is not responsible for the other spouse.
If a spouse's debts brought on his management of drive and use the existing property of the other spouse, the latter may require this property freed from the drive.
Acceptable in the interests of the creditors that the entire management of the joint spouse real property belongs to him; who says the opposite, then it must be demonstrated.
101. If one of the spouses, by managing the other spouse property, made from his belongings needed expenses, then he only after the expiry of the management and use of the latter may be required to reimburse such expenses, in so far as they do not have to be borne by him.
102. One spouse the right to manage and use the property of the other spouse shall be terminated on the basis of the law: 1) when one spouse dies;
2) when the marriage dissolved or annulled;
3) when one spouse declared bankrupt debtor.
104. One spouse the right to manage and use the property of the other spouse shall be terminated after the last request.
105. One spouse the right to manage and use the property of the other spouse shall cease upon his own request.
107. when one spouse's management and use rights terminated, the other spouse returned to his property with all the gains which, at the time of the marriage, it may occur, including the stuff that get damaged or destroyed. Fungible things must be returned and the benefit of equal class.
108. The spouses ' mutual settlement of accounts with property management of one of the spouses shall be entitled, does not deprive spouses creditors their rights. Third party acquired rights remain in force.
II. 111. Dowry, dowry by her marriage to the case for the parents, relatives or other persons, belongs to his wife, although it would have passed him.
112. to promise to give dowry in movable property value over five hundred lats or real property would be binding, it is written izteicam.
Gift fulfillment of promise may require either his wife or her husband, and the right to require the issue of dowry to lapse within two years of the marriage, or the gift for picking a date to be fixed.
The gift may not be required where the marriage was contracted without the person's knowledge or consent, which it promised.
113. the rights based on the promise of the gift cannot be given away to third parties; This right goes exclusively to the inheritance of the children of the marriage sealing in case the gift promise given, and to the man who left with the children.
III. contractual spouses property relations general provisions 1.114. economic rights of Their spouses may establish, pervert and terminate contracts of marriage as a marriage before you go and during the marriage.
If the laulājam is in custody, they concluded the Treaty of marriage with parental or guardian consent.
Marriage contracts that contain death order, subject to the General provisions on contracts of inheritance.
115. Marriage contracts, it cannot replace the contactor by the Governors. These contracts shall be concluded before a notary or uzrādījum order, personally present during one laulājam or two spouses, but if the laulājam are minors, their legal representatives.
Marriage contracts awarded to a binding force against third parties, they are entered in the register of matrimonial property regimes and on the immovable assets — land books.
Marriage, the provisions of the Treaty which limited third parties acquired rights to matrimonial property, this third party is not bound.
116. Marriage contract the spouses the punters can statutory property regime (89. and comm. p) to identify all of the separation of property of the spouses (117. and comm. p.) or Unity (124. and comm. p.).
2. all 117 separation of property of the spouses. If the marriage contract the spouses of all separation, each spouse not only keep him before marriage belonged to the possessions, but also during the marriage can get themselves, use and handle it independently from the other spouse.
118: the spouse may inherit the other spouse to manage, apply or otherwise, to handle it without his consent.
Spouse whose property is managed by the other spouse, it can require settlement. Previous waiver of the right to take away the management may require the settlement void.
119. A spouse who manages the property of the other spouse, be responsible for the losses, which come after his gross negligence.
From the time when one spouse by the other praised his belongings, as well as the management of the future when the spouse occurred at all obliged to give away things, last reply by General rules.
120. Each spouse participating in family and household expenditure commensurate with his status.
121. On their debts either spouse answers with their belongings.
122. If one spouse disposes of or pledge the other spouse in the real thing, the person who received it to be recognized as a bona fide purchaser of the case or the mortgage, if this is not known or it does not have to know that the thing belonging to the other spouse or both spouses and that it seized or mortgaged against the other spouse.
123. after marriage, there is terminated, all property of the spouses and the spouses of separation agreement does not set the property instead of the applicable Community 89 et seq..
Third party acquired rights remain in force.
3. the communion of 124 property of the spouses. If the marriage contract in the sense of property of the spouses prior to the marriage, they belonged, as well as property acquired during marriage, excluding individual (125. p.), are combined in one common indivisible mass, which at the time of the marriage, do not belong in a separate part of the spouse. Marriage contract in the sense of property of the spouses, the spouses agree on which of them will treasure among possessor (husband, wife or both together). If the possessor of property venture is one of the spouses, with the aprobežojum provided for in article 128 without use of settlement and act on its own behalf and they are obligated to cover family and household expenses.
If the spouse who is in possession of the property of the community, or the absence of disease, it is not possible to conclude a transaction relating to the property of the common masses, or to take the Court on this specific case, the stuff, the other spouse may replace him if the hesitation is dangerous.
If the spouse who is in possession of the property of the community, recognize that the other spouse deal hurts the interests of property, within the communion of property, he may, within one year from the date on which it learned, to challenge it. In this case, he must demonstrate that the other spouse was not the second part of that plea, replace him.
125. There is a togetherness, of property of the spouses does not include property which the spouses marriage contract set for each individual property. Each spouse with their separate property act independently.
126. Each spouse with their separate property reasonably participate in family and household expenses, in so far as it does not bear the joint assets.
127. the fact that the real property or a right of property in a sense, the ground record books.
Each spouse may be required to record the land books on both spouses the real estate or rights in the matrimonial property venture.
128. the communion of property belonging to the expropriation of real estate, mortgage, or to combine with a right, by one spouse in any case need other laulātāpiekrišan.
129. the consent of the other spouse is also required in the property of movable property belonging to the togetherness as presents, where such gifts exceeds the normal, small gift.
130. The spouse responsible with your individual things, but if they are not enough, even with the togetherness of property assets: 1) for their commitment that originate before the marriage;
2) for their commitment, from the obligation to give nutrition to their needy relatives;
3) on the road from heritage, which he accepted with the consent of the other;
4) for their commitment, from his own independent company, who has his own individual assets, or occupation;
5) on all of its other obligations, which he takes with the consent of the other spouse.
For the debts of the other spouse and family household well spouse also with your individual things, but only if the sense of property and in the other spouse's individual property is not enough.
131. The commitments of the inheritance, by one spouse without the consent of the other accepted, he answers only with your individual property.
132. Laulātāj reply with just your single treasure: 1) on commitments they have concluded only on your invoice, or without the consent of the other spouse;
2) on commitments they have concluded, touching the other spouse rights to inherit property in the sense of possession.
If due to the obligations laid down in this article is the property assets within the community is benefited, the applicable provisions on unjust enrichment.
133. On the path of one of the spouses does not allow actions, return his property, but separate property assets within the community only if the guilty spouse's individual property is not enough.
134. the marriage contract in a specific sense of property of the spouses shall terminate: 1) after the foundations laid down in article 102;
2) the matrimonial property venture agreed termination;
3) by judgment of the Court of Justice.
Spouse whose property management is not in the sense of property may be required of the Court if: 1) Manta, remaining in the hands of the other spouse in the future, you can izputē or suffer significant losses;
2) spouse whose property is located in the management, not giving funds to the family and household purposes;
3) spouse, which is managing the property, without the consent of the other violates the ordinary management and use;
4) spouse whose property management into custody.
Spouse in property management, property may be required, if the sense of the other spouse debts exceeding his individual property value.
The community property of the spouses have terminated from the moment when one of them died or the property regime in the registry for communion of the termination of the property entry. Matrimonial property venture termination does not deprive spouses ' creditors their rights.
135. where the community property of the spouses (p. 124) ends with the death of one spouse, then the above to this property in gulošo, half of the property in the goods remains in the sense of a surviving spouse, and the other half go to the deceased's heirs.
The marriage contract can define different things. Without direct heirs, that such a contract, it can hurt to challenge.
136. If one spouse dies, the surviving spouse shall remain personally liable for any property in the sense of property debts regardless of the heirs of the deceased spouse's responsibility — the general basis.
The surviving spouse may be restricted to their liability for the debts of that stuff with what he got from the deceased spouse as heritage, subject to the provisions of the adoption of the inheritance rights of equipment.
137. when the community property of the spouses cease to live, the spouses after planing the possible effects of debt surplus eliminable in half between the spouses, if the marriage contract provides otherwise.
138. The spouses are obliged to pay what he things property in togetherness by their individual property.
If one of the spouses by something the lost sense of belongings in good from their individual property, he may, at the time of the marriage, already require the reimbursement of issued gear in togetherness.
139. when there is a marriage, spouses have voluntarily terminated togetherness and of property of the spouses in the marriage contract does not set its site all the separation of property of the spouses, the applicable article 89 and following.
Third party acquired rights remain in force.
4. Matrimonial property registers 140. marriage contract in determining the matrimonial property regime, in so far as they need to be effective as against third parties, as well as other messages specified in the law of matrimonial property entered in the register.
Instruction on matrimonial property records issued by the Minister of Justice.
141. Entries in the register shall be made on the basis of both certified or one spouse's request or court order.
Entries shall be made in the register that the service area is a spouse or one of the spouses resides.
If one spouse is a company outside the precinct, which is entered in the register of matrimonial property regimes, the record company will also be the location in the registry.
142. the registry must record contracts, judgements, decisions and notifications relating to matrimonial property regimes.
143. Extracts from entries in the register of matrimonial property immediately put in the knowledge of the Official Gazette and on the real property subject to the land book Department to burn the Earth books.
The fact that matrimonial property registry recorded a marriage contract, the spouses ' passports to be celebrated, in specifying the location of the registry, recording time and order number with which the entry is made.
144. If the spouses moved his residence to the other station, then the records of this circuit is to be made in the register within three months, in addition to an earlier district register, they remain in force until the recording the new record.
145. Everyone can look at the register and request it extracts.
The SECOND chapter of parents and children, the rights and obligations between the first subdivision in the children born of the marriage the origin determination 146. A child born to a woman after marriage or not later than on the 306 day after marriage ended one with man's death, or divorce, is considered as born in the marriage.
A child born to a woman not later than the day after the marriage 306. termination, if a woman is already brought into a new marriage, is considered to be born in the new marriage. In cases of the former husband or his parents have the right to challenge the child's ancestry (149. p.).
147. The father directly expressed or no questionable activity approved the recognition that a marriage or after its termination born is his child, is sufficient evidence that there is a child born of marriage. The father can not be challenged, even when he has given consent for the child's artificial creation.
148. The assumption that the child is born in wedlock, that the child's father is the child's mother's husband, may be challenged in court. To the resolution of the case in court, the child born of the marriage declared.
149. The assumption that the child is born in wedlock, the child's mother's husband may be challenged within two years from the day when he learned that the child is not descended from him.
The same right is also the mother of the child.
Even a child can challenge his birth in marriage two years of adulthood.
His parents able to challenge the child's birth the marriage in the first paragraph in the specified time limit, if the husband to death the moment unaware of the child's birth.
The right to challenge the child's outbreak is personal, so action can bring only the persons mentioned in this article. The case the Court accepted the action of persons incapable of a long illness or insanity, instead of the child can be a challenge for causing patron.
150. If, by the Court, which challenged birth in marriage, he considered illegitimate children from birth.
151. a child born in Marriage the surname is determined by the parents ' family name. If the parents have different surnames, the child in accordance with an earlier agreement to give parent's last name. If the parents cannot agree on the child's surname, it is determined by family courts.
Parents of minor children in the event of a change of name obtained last name preset.
152. children born in Marriage include: 1) out of wedlock, born children — from the time when their parents gone out in marriage;
2) children born of the marriage, which was later annulled, or no later than the day of the 306 marriage.
Second child born out of wedlock subchapter lineage determination 153. Illegitimate children are those born in children: 1) born to a woman who is brought into the marriage;
2) born after 306 days of her husband's death or divorce, or annulment;
3) born during the marriage or before the expiry of its 306 days, if the Court is satisfied that the child is not originated from his mother's mate.
154. children born out of wedlock, the father's lineage is based on the establishment of paternity by voluntary recognition or the judgment of the Court of Justice.
155. the recognition of paternity occurs, the child's father and mother by submitting a joint application to a vital statistics office. Recognition of paternity form to record the birth registry.
Application for recognition of paternity can be submitted when registering a child's birth, as well as after the child's birth is registered, or if, before the child's birth.
If a child's hair in dead or Court recognized as incapable of action along the disease or dementia, as well as when you don't know her location, application for recognition of paternity can be submitted to the child's father. If the child is a minor, a guardian of the child is required and the consent of the family courts.
If the child's father, the Court recognized as incapable of action along the disease or dementia due to his place of paternity recognition application can submit his patron with the consent of the family courts.
The child's father, who has not yet reached the age of majority, the child's paternity may be submitted for recognition with your parent or guardian's consent.
Paternity recognition requires the consent of the child, if he has reached the age of twelve.
156. the recognition of paternity by the Court may be declared void only if the person who found the child on your own, may not be his own father and the child recognized as their law, false or coercion.
To challenge paternity recognition can the person who acknowledged paternity, the parents, if this person is dead, its patron, if this person is recognized as incapable of action along the disease or dementia, or mother of the child within two years from the date when they learned about the circumstances that exclude paternity. Child paternity recognition itself may be challenged within two years of adulthood, if his parents are dead.
157. If the paternity of a child born out of wedlock is not recognized by the civil registry Department (p. 155), paternity may be determined by the Court, allowing all kinds of evidence, including scientific evidence, which may prove child's outbreak from a particular person or turn it off.
The father of the child, the Court may admit the man from whom the child out. Acceptable that originated from the person with the child's mother had carnal relations during the child's conception.
158. establishment of paternity can be submitted to the Court the mother or guardian of the child, the child even after adulthood, as well as the child's own father.
The child's mother, guardian and the child himself may be brought against the person from whom the child out, but if that person died, they may submit an application for costs in particular.
The father of the child may be brought against the child's mother if she does not agree with the determination of paternity.
159. unable to contest the paternity established, having been convicted by a judgment of the Court of Justice.
160. children born out of wedlock the surname is determined by the child's mother's surname at the time of the child's birth, if paternity is not established, registering a child's birth.
If the child paternity established, registering his birth, the child's family name is determined in the same way as children born in marriage. In the same order may change the child's surname, if paternity is voluntarily recognized or established by a court judgment after a child's birth registration.
161. children born out of wedlock to the mother's last name change due to marriage does not affect the child's last name, except for her marriage to the child's father.
The adoption of the third subdivision 162. adoption is permitted in the minors, if it is in the interest of the child, and if there is reason to believe that the adoption between the adopter and the adopted will be a genuine parent-child relationship.
Underage person may adopt, if between the adoptive and adoptable is already developed effective parent-child relationship.
163. The adoptive parent must be able to conduct, at least twenty-five years old and at least eighteen years older than the adoptee.
164. the spouses may adopt a child jointly, or one of them.
A person who is married, may adopt only with the consent of the other spouse, except when the other spouse recognized incapable of action along the disease or dementia.
165. To adopt time can more children, giving them equal rights.
166. A number of parties, which between them is not in the marriage, may not be one and the same time to adopt one and the same person.
167. the guardian may not adopt her charge, until he betrayed the settlement and is not released from custody.
168. Adoption may not be restricted by any conditions or time limits.
169. It is necessary to give its agreement to the adoption by all the participants, i.e., the adoptive parent and the adoptee, if the latter is not less than twelve years old, and besides, as he has not yet reached the age of majority, with his parents or guardian; persons in custody adoption requires the consent of the guardian. The marriage persons adoption requires the consent of his spouse.
The Court may release the parties from this proof of the consent, if the actual circumstances it turns out impossible permanent barriers or the absence of a place of residence of the persons whose consent is required.
If parents can belong only to one parent and the other is without reason, declined to give permission to adopt, the authorisation may be given in the family courts of the place of residence of the adoptee.
All adoptions of minors requires the opinion that fosters adoption won't come for being evil.
At the request of persons resident abroad of minors can adopt with the prior authorisation of the Minister of Justice, and only in cases where it is not possible to ensure Latvia the bringing up of children in the family and proper care.
170. His illegitimate children can adopt, not subject to the rules on the minimum age of the adopter and about eighteen years of difference; such adoption requires only the consent of the other spouse, as with the child's mother or guardian consent on general basis.
171. the adoption shall be deemed to have been effected as soon as the adoptive parent for requesting the Court, confirms this. If the adoptive parent dies, include the adoption by the Court, it is not an obstacle to its approval, but if dying before approval, the thing being terminated.
The Court may allow the adopting parents to record in the register of births as the adopted parents, if such a request is reasonable adoptive.
Without the consent of the adoptive parent of news about the adoption cannot be disclosed, 172. the adopted child becomes a member of the family of the adoptive parent and adoptive parent obtains parental authority over him. The adopted surname of the adoptive parent and obtained all the rights of the child born within the marriage, if the adoption of the Treaty does not provide otherwise.
173. The adopted child and his descendants in relation to adoptive and his relatives acquire wedlock, the child's legal position as a personal, its economic relations.
With the adoption of the child shall terminate the relationship of relationship and related personal and property rights and duties to his parents and their relatives, if the adoption of the Treaty does not provide otherwise. The right to pension, benefits and other rights that the child had encountered up to the time of the adoption.
174. Adult's adoption of this chapter are applicable general rules for adoptions. Adoption the adoptive parent and adoptee is given by the common application. It requires being the offspring of the adopting parents and the consent. Adult adoption effect does not apply to adoptive relatives. Adoption only applies to adopted minors, as well as the subsequent offspring. To the adopted minors offspring adoption effect applies only if they agreed to the adoption application.
175. Adoption may be revoked by the Court: 1) if the adoption took place in breach of the adoption rules;
2) if it is in the interest of the adopted minors;
3) if the adopted child with the adoptive agreed on the adoption.
If the adoption took place in breach of the provisions of the adoption, the Court may dismiss the action for annulment of an adoption where the adoption cancellation does not comply with the adopted minor's best interests. Removing adoption, it ends with the date of entry into force of the judgment of the Court of Justice for annulment of an adoption.
176. With the adoption of the abolition of all affinity shall terminate the legal relationship of the adopted child and his descendants with the adoptive parent and his or her relatives.
With the cancellation of adoption restores the affinity relationship the child and his descendants with the child's own parents and their relatives. Removing the minor child's adoption, the Court shall decide on what future will realise the parental authority over minors.
Fourth subchapter i. parental parental power in personal relationships To adulthood (177.219. p) for achieving children is older. During marriage both parents used that power. If a dispute erupts between the spouses, family courts, where the distinction between the law provides otherwise.
178. If a child born out of wedlock has established paternity, parental authority by both parents jointly or by one of them in agreement. In the event of a dispute the matter settled as for children born within marriage.
If born out of wedlock child paternity is not established, the parent can enforce the child's mother.
179. Parents are obliged to take care of their belongings in proportion to the situation and for their child can life and wealth, to provide them food, i.e., given food, accommodation, clothing, set them, to nurture and to school.
The purpose of the child until such time as they are able themselves to supply, rests with the father and the mother are commensurate with the State of their possessions.
If parents do not or they are not able to supply the child, this obligation rests with the grandparents.
If children have their own assets, but it is not enough for parents to children the necessary nutrition to cover these expenses may be covered from the children property income; If the income is not enough, then you can use part of the children's belongings, but only with the permission of the family courts.
180. If the marriage class or be annulled and the parents cannot agree on which of them to remain children, then this question, having a child asking if they have reached the age of seven, settled in court, subject to the best interests of the child.
181. If the parents live separately, the parent can exercise that parent with whom the children live.
If the parent dies, at which the children live, if it is not possible to parents can be imparted to his former children go the other can, except by a court decision in the interest of the child is otherwise specified.
Each parent must take part in rather for its property maintenance products for their children who are left behind by the other parent.
182. each of the parents may meet with children who left to the other, except when the meeting is damaging children. This right of disposal of the type and, if the parents do not agree on it, "said family courts. If they do not comply with the decision, the Court shall settle the dispute.
183. While children get from their parents, they have to work in an older home work without the right to claim any remuneration for it, unless they are not definitely promised.
184. Parents are obliged to take care of a minor preparation of valid transaction, in addition, to comply with the children's individuality, abilities and inclinations.
185. If children do not listen or disobey parents ' upbringing, parents can turn to for help in family courts.
186. Parents represent their children in their personal and property relations; If one parent dies or for any other reason unable to represent children, they represent the other parent alone.
187. Parents can determine their minor children and reclaim children from each that they illegally detained, unless that is contrary to the interests of the child.
188. the obligation to equip parents and siblings if necessary on all children equally.
If the child is not equal condition of property, the Court may fix their maintenance obligations commensurate with each gear position.
189. children may conclude with their parents all legal transactions. While the children are minors, such transactions to be concluded only with the participation of the family courts, which this case is appointed guardian.
II. Parental authority over children lost 190. The minors ' property, except that referred to in article 195 is in parental management; If one parent dies or for any other reason unable to manage the property of the child, it manages the other parent alone.
191. Parents manage children with guardians of the property rights and obligations, but they are free from the obligation to provide invoicing details of spending for child nutrition, showing only those expenses.
192. To dispose of the property of children parents can only with the rights of the guardian.
193. when the child agrees to a commodity, then the parent who agrees the property management, draw up a list of property and submit it to the family courts.
194. If one of the parents the child property is managed properly, not family courts may impose on him the obligation to provide invoicing details also on expenditure in the child nutrition (191. p.), require sufficient security of property of the child, as well as the suspended him from the children property management by asking the other parent or special guardian appointed for this purpose.
195. free the children to the property which has been removed from the senior management, if the child reached the age of sixteen years to be recognised: 1) all children got with your personal or work independently develops a trade, industry or trade, etc.;
2) all parents of children in the handed him the property belonging to the free management;
3) all things that children without consideration for the relatives or other persons provided for the children to manage and use your own.
196. when the children are in dispute with parents about their belongings, they can defend their rights in court.
197. the commitments entered into are subject to parental authority minors without parental knowledge or consent, parents are not responsible, if they never got any benefit from it. Also, parents are not responsible with your possessions on drives of their well children do not allow actions, except in particular cases specified in law.
III. termination of parental authority and beyond the 198. Parentage shall expire: 1) to the parent or the child's death;
2) when missing parent recognized dead;
3) with parental consent children adopted in the third person;
4) when the child reached the age of majority;
5) when it deprived with the judgment of the Court (200. p}.
199. the judgment of the Court (p. 198.5. pk) terminated the parental authority can be restored with the judgment of the Court of Justice.
200. If parents used rogue parental power and the kids handled particularly poorly, the Court may deprive the guilty parent parental power, leaving the children in the second, to appoint a guardian, if the children can be used by the other parent, is not enough to protect children from the harmful effects of the offender or if guilty of both parents.
201. If the minor is giving marriage, parents lose the right to represent their minor children and administer their property not free (190. P) if such marriage or recognize class, parental rights to manage the captivity did not recover.
202. If one parent wants to give to a new marriage, he must have thought about the marriage before the family courts, and notify on failure to execute this obligation he may subtract from the parents. Family courts, where the child's interests so require, take the necessary steps and monitoring vital case appointed guardian of children. Property management in children from parents, the new marriage, subject to the General rules on guardianship.
203. Parental authority is suspended: 1) if over one of them established in article 360 or 365. specified guardianship;
2 if family courts) acknowledges that it is in fact barriers that one of the parents takes away the ability to use parental power.
In cases of parental authority until the break ends, belongs to the other parent, but if it is the obstacles — family courts must appoint a guardian.
In a continuous parental power is restored when the fosters acknowledges that its reason for termination of the fallen.
As long as parents have not reached the age of majority, except when they entered into a marriage, they can not represent the children his personal or economic relations. This child is appointed guardian.
204. when one of the parents recognized as insolvent debtors, assets managed by other children of the parent or guardian is appointed for this purpose.
205. when cases of insolvency of one of the parents is terminated or cancelled over her custody, established the right to manage the property of the child only with the authorization of the family courts.
The third CHAPTER of the sisterhood and affinity For affinity referred 206. two or more persons with the birth ratio.
The proximity of relationship defined by lines and grades.
One person in the lineage of the other directly with birth creates. With each new birth occurs again. More turpinošo of continuous power of communication is called a line. The lines are straight and side.
207. The relatives straight line are those who are descended from one another with birth and known either upstream or downstream relatives looking after it, or the number of children to parents, or vice versa. According to the same line also divides the uplift and downstream. The first belongs to the father, mother, grandfather, grandmother, grandfather and grandmother's parents, and so on, but at the second-Board, daughters, children's children, this last child, etc.
208. Relatives in the lateral line are the ones coming from the same third party — test or maternal. The relatives are brothers and sisters, their children, father's and mother's brothers and sisters with their grandfather and grandmother downstream, brothers and sisters with downstream etc.
209. From the same third-person and family togetherness is called tribe.
210. the proximity of the Relationship between two individuals in a straight line determined by degrees, i.e., the number of births. The son against the father stands in the first degree of relationship, their child against her grandfather — the second child child's children, to her grandfather's father in the third degree of relationship, etc.
211. the proximity of relationship discovery san line between two persons comply with the power or only the number of birth and from one of these people, not including their own, count up in a straight line to their overall and third parties from the last down to the other of these persons, real brothers and sisters in the second degree of kinship, the father or mother's brother with brother or sister's daughter and father or mother's sister with brother's or sister's son in the third , and cousins — the fourth degree of relationship, etc.
212. the relationship that binds the person in two or more kinship relations, called double or multiple affinity.
213. the relationship between brothers and sisters is either complete or incomplete. It is considered complete when the brothers and sisters descended from the same parents, and incomplete, as they are descended from the same father but different mothers, or vice versa — from the same mother but from different fathers; in the first case, the brothers and sisters called real brothers and sisters really, but in the second-half and the half-brothers.
Note the. Two children of the spouses that they each experienced before marriage, do not count on your relatives.
214. At the narrower meaning of the family owned by spouses and their children, as long as they have not shared in the farm.
215. in relation of one of the spouses with each other's relatives called affinity.
With the establishment of the affinity of the marriage remains in force also after termination of the marriage.
The degree of affinity with one of the spouses is the same as the degree of relationship with each other.
The fourth chapter of the Custody and guardianship of the General provisions of needing 216. personal protection, as well as the property which remained without a Manager, entrusted to the care of a guardian or protector, of which such persons and property must be represented.
217. the Guardianship established over minors. Guardianship establishment: 1) over who the Court found to be incapacitated long illness or dementia (358. p.);
2) on persons or wasteful life of debauchery (365. p.);
3) over the absent and the missing person property (371. p.);
4) over the inheritance mass;
5) over the estate.
218. The Trusteeship and guardianship cases knowledge of the family courts: cities — the city's family courts, but in the country: pagastties.
The first subdivision in the custody of minors i. infancy 219. Infancy of persons of both genders continues until they reach eighteen years of age.
220. In exceptional circumstances and for overriding reasons, when the minor guardians and relatives showing that he behaves perfectly and can independently protect and defend their rights and fulfil their obligations, the minor can be declared well before the age of eighteen years of age, but not before, until he reached the full sixteen years.
221. The age of majority before the deadline (220. p.), in the family courts, respectively, which confirmed the decision of the Court.
For the minor shall be considered a person in accordance with the procedure laid down in the Act brought into marriage before the age of eighteen.
II. the establishment of Guardianship 222. when minor children from parental authority freed their, as well as when their parents die, they are appointed guardians.
223. The father and mother if the parents can be based is your minor children natural guardians.
224. If, following the judgment of the Court or some other independent from the will of the reason, one or both of the parents loses parental authority over their children, then they cannot also be the guardians and other custody over them reconcilable.
The same applies to the minor's property which it donated or wish on the condition that it cannot manage the parents.
225. when one parent dies, the child custody agreement, without the approval of the second family courts.
226. when one parent dies and another is heading a new marriage, the last remains of their earlier still of minor children of the marriage the natural guardian, but he is obliged to notify the family courts than expected going in marriage and to distribute the deceased property under inheritance law, as well as to issue, or to ensure proper due diligence on the part of children. This withdrawal shall be made by participating in family courts concerned, which in this case, the child's interests are paramount, the guardian shall be appointed after completion of withdrawal immediately atsvabinām.
227. If the spouse who experienced the other spouse, going a new marriage, he earlier marriage child property management is subject to the General rules on guardianship and family courts must be drawn up and submitted to the children's property list and each year — a review of its management.
228. when both parents died, the custodian with appropriate parental rights be appointed one of the grandparents.
229. Both parents have the right to appoint a guardian for the will for their children — as an existing, with the expected.
The custody order remains in force even in the will, which other provisions deemed void.
Definitely and undoubtedly prove a parent's intention to appoint a guardian for their children to some persons are the same. as appointments with a will.
If the parents will not have appointed their guardian for minor children, the right to appoint them to the last will of the order belongs to the grandparents.
230. the guardians appointed parent or grandparent will, to run its distribution obligations of guardians without the approval of the family courts.
231. Also, any other person who will accomplish anything in the minors, they can appoint a guardian of property management, say; the same right shall belong to each that alive, give the children something from your belongings. In this round, however, the guardian appointed by the family courts should be approved.
232. In all cases where the guardian appointed will confirm the family courts (231. p.), they can approve, just making sure of her abilities and characteristics.
233. Will be appointed guardians, parents can give to particular statements about guardianship, as well as their own iecēlum to associate with certain conditions or milestones.
234. If a guardian is not appointed in the will or, if appointed, or if they are no longer alive or cannot accept custody of minor children, close relatives must immediately return to the family courts concerned with a request to appoint a guardian for the children.
235. The previous (234) in the cases specified in article custody of minors agree first to their closest relatives, but only with the approval of the family courts.
The closest relatives of minors are those who uzskatam, These minors die, their statutory heirs.
The guardians of the family courts shall select from the same close relatives the right, but if the closest would be inappropriate, then later.
236. If minors between relatives is not in position or if the able-bodied can not take custody, or if they are released from the guardian of legal reasons, and if the minor is not a relative, a guardian shall be appointed by the family courts of the other person, and it should do the same in this respect from myself, as soon as it gets to know that there are those totally orphans.
237. If a guardian appointed by will or by law, after the judgment of the Court of Justice, is temporarily delayed to take custody or if the judgment of the Court of Justice for some reason can not execute immediately, to prevent these delays to appoint a temporary guardian in family courts.
238. No one may arrogate guardian rights over minors and their possessions until appointed as guardian by law or probate. Therefore, any such persons that are entered into custody, arbitrary void and must pay the minors all the damage with it. However, the closest relatives, but if not, other people can advance to take minors in their care, and yet to guard their possessions, while the family courts after notification of the person giving the orders.
239. the Guardian shall be appointed by decision of the family courts, which issue certificates of legal guardian.
III. Persons may be appointed as guardians 240. in all cases where the guardian's approval or designation depends on family courts, it must ensure that the person appointed to be or would be required to fulfill this obligation and properties.
241. the family courts would never accept at guardianship, but if the appointment had already been removed from custody all those from which management would entail some loss to the minors.
242. the guardians may not be: 1), which is under the auspices of;
3) persons once a judgment already deprived the parentage and cancelled from the custody of the guardian's messy performance to lay;
4) persons recognized as insolvent debtors;
5) persons parent or grandparent will rejected from custody over their remaining minors;
6) persons whose interests obviously contradicts important interests of the ward;
7) members of the family courts are familiar with the respective guardianship;
8) aliens, except when establishing guardianship over their country's citizens;
243. the guardian must live in the same city or county where the ward resides; only in exceptional cases, when circumstance requires it, the family courts can accept for the guardians resident elsewhere.
244. all of the reasons mentioned in article 242, hindering a person's appointment as a guardian, is also the reason for the cancellation, if they only revealed after its appointment.
IV. Persons who have the right to refuse to accept the post of guardian 245. Guardian's post is a public duty, from which no one can refuse without legitimate reason.
246. the statutory waiver reasons are: 1) the national or local authorities with which difficult to connect a guardian's duties;
2) read or write without prašan;
3) more than sixty years of age;
4) about the three held custody or guardianship or even though over one, but one that is associated with great effort;
5) large family;
7) disease that interferes with the proper execution of the duties of a guardian;
3) fosters the movement of another station;
9) frequent and long-absent or the distance of residence from custody location, which makes it difficult to perform the duties of the guardian.
247. In voluntarily taking the post of guardian, although his one of the reasons listed in article 246 of the law had to let go of it, it can not be behind the same reason later ask to him from the post of guardian release. But if one of the following occurs after he assumed the post, said he has the right to ask to be freed from it.
248.246. refusal referred to in article reasons can not use in your favor: 1) it directly from this Law said with either the minor's parents give a promise, or otherwise;
2) who received bequests on the same estate, whom he appointed as a guardian.
249. Legal Disclaimer the reasons each may be used regardless of whether he appointed as guardian by law or by a will; who wants to use this right, then for the following reasons, but if it's more, then all of them together only to notify the family courts as soon as he gets to know about his appointment.
250. If the guardian appointed time do not announce their surrender and ask for legal reasons or if the delay in family courts, she asked the reasons do not comply, he is responsible for everything that happened in custody from the time when the family courts for his appointment announced.
251. While discussing the guardian appointed by the refusal of the reason, for family courts should be guarded in the interests of minors and, if necessary, to appoint a temporary guardian to him.
V. guardianship management 1. Guardian obligations towards persons 252. Ward guardians replace to its Ward the parents.
253. If protégé listening and not under the guardian's upbringing, the guardian may have recourse in the family courts.
254. Guardian of his protégé at the skin to support and defend.
255. the guardian particularly to provide for the upbringing of his ward with the same care with which the conscientious parents make for their children's upbringing. If the parents are no longer alive, as well as if the parents have not appointed a special mentor, guardian can take training or to entrust it to another person who has the necessary ability. But also in this last case, the guardian must monitor the upbringing.
256. The minor's upbringing aims with the charge of his health he ethic and spiritual development commensurate with his status of property, skills and quests.
257. The minor's education and next choice of lifestyle especially to follow his parents ' will, if it has been expressed, but if they have not left any instructions — his next of kin.
If the parental leave orders proves disadvantageous to the charge, the guardian can consent to the family courts of them to resign.
258. the ward may be used only to maintain the necessary to cover the consumption of his belongings ikgadīg income and in General against all expenses with them to part of that income, if possible, even the money saved each year. In cases of doubt, the guardian asked of the Council fosters that, looking at the circumstances, surplus and narrow down trying to find the funds to cover the shortfall.
Push, especially if the protégé is showing particular ability, which it is appropriate to develop, education expenses may also use part of their capital, but only with the consent of the family courts.
If you lack the funds to his ward, the guardian is not staying bound charge to maintain at its own expense.
259. the guardian, as well as his relatives and top General, his heirs can go in marriage with his ward the only with the authorization of the family courts.
2. the guardian as the minor representative 260. Your free stuff (195. p.) minor managed independently. He can about this stuff, transact business within the limits of normal management, and he of them answer with your free stuff.
If a minor under the laws governing labour relations, independently engaged in a trade, craft, trade, etc., he can Transact Business, necessary in the context of his own-occupation, and he responds with all of them their belongings.
Also in these cases, the minor cannot independently enter into the transactions, which the guardian cannot be closed without the permission of the family courts.
261. Except as provided for in article 221 and 260, the minor is not capacity, so they all legal transactions represents guardian.
If a minor enters into the transaction, although without his guardian to membership, but obviously, it's good for myself and the other side of the link.
Minor legal transactions acquire binding force if he come of age and become capable of defending their rights, be sure to recognize the obligations resulting from these transactions.
262. the guardian of the ward in all their Affairs works independently and led them to the host's right. But in all important cases, he must ask the family courts.
263. the legal transactions concluded by the guardian to the family courts or with its consent, is binding and can not be appealed.
264. the litigation guardian must represent their protégé. Without him it cannot not be sued in court, no answer, except in the cases specified in the law.
265. In the main proceedings, that the subject is important and valuable, and which may be associated with significant spending, and that the outcome difficult to predict, the guardian can initiate the minor place, before seeking the consent of the family courts and the necessary instructions. If the failure occurs on the loss of a minor, a guardian must reimburse all the expenses and losses to him.
266. the guardian replies with their belongings on the Court the expenditure requirements that he negligently permitted to bring against minors entrusted to him.
726. the guardian between minors and highlights, as well as litigation in General when the guardian and ward interests collide, special family courts charge shall be appointed by the guardian. But if the charge is more guardians, then one of them who is not interested, you can bring a lawsuit against the other.
268. the contracts and other legal transactions between the juvenile and his/her guardian may be concluded only with the agreement of the family courts. If the minor is only one guardian, then in that case they must appoint a second.
3. Minor property management 269. Guardian to manage the ward's property with the same care and apzinīb, with which he as a good landlord to manage their own affairs.
270. After the adoption of the legal guardian with custody you must first find out the minor stuff and to import it in detail and carefully drawn up list. The list is made in two copies, one of which remains with the guardians, while the other is kept in the family courts.
Jewelry, debt claims, the documents, credit and securities, which found, in drawing up the list, retained the family courts.
271. If someone started to manage the minor's property, not when drawing up this list, it will be reversed from the custody of and is responsible for all damages arising from his management charge.
272. it from the wreckage, in the aftermath of the death of a child is left in the guardian should immediately draw up a dead away belongings this jester and a copy of it shall be submitted to the family courts.
273. If a legacy that left charge, has embarrassed the debts, the guardian must submit a request to the Court to invite vendors.
274. when creditors learn, the guardian must cater to them around the comfort of heritage as possible in cash or net income, which remains, after deducting expenses, or including the parade of reciprocal claims.
275. If in the previous (274) the resources indicated in article is impossible to meet, guardian accounts payable may for this purpose with the consent of the family courts to conclude a loan, but when this is not possible, sell unneeded from minor things.
276. the guardian is right with the consent of the family courts to conclude with the minor creditors settlement to him for good; but, if the guardian is a creditor, he, using his claim, must satisfy the same conditions as those laid down for other vendors.
277. If on the part of the debts exceed the value up and settlement with creditors does not happen, the guardian to ask the consent of the family courts to propose either the establishment of the Administration, or opening an invitation to tender for the inheritance mass. .
If family courts shall give its agreement for the detection of the contest for the succession of the masses, the guardian must come to the competition Board and creditors to the minors by the time of the competition gives consumption necessary funds.
278. the charge agreed at real things to maitāj or become more valuable at all and Moreover, there is no need to use him, the guardian must immediately be sold as «particularly generous price, without specific authorisation for that purpose, but giving for the settlement of the sale of the family courts and play money.
279. To sell the estate belonging to minors, not maitāj, permissible: 1) If this is necessary for the payment of the debt, which lies on this heritage of the minor consented or whether his diet;
2) if that things have had the goods, by which the testator for each such sale previously ask guardian family courts.
280. the minors belonging to sell real estate allowed: 1) dividing the inheritance between the minors and minors heirs;
2) urgent payment of the parade, which moved on with her heritage;
3) if there is no other means, his diet;
4) if the sale is the only means to prevent the ominous minor significant loss.
for such cases a guardian must notify the family courts, which considered the conditions specified and satisfied about the proposed sale needs or validity, either to sell, if the property is valued no higher than one thousand lats, or if it evaluates higher to resolve the case submitted to the Court.
281. the sale of the Court is not required in the following cases: 1) when does this, the enforcement of lawful effect come the judgment of the Court of Justice;
2) when it person whose heritage was moved to the property in the minors, will or otherwise determined to sell it;
3) whenever the third person who has the right to it. In all these cases, the sale of the family courts to be under surveillance.
282. If the testator explicitly prohibited to sell some thing that keeping the minors would have obvious damage, the guardian may ask the family courts so that prohibition is repealed.
283. The minor movable and immovable assets can be sold either by auction or themselves guardians of free prices, by the way family courts as favourable. Guardians, their spouses and children must not buy Ward property.
284.279. — the provisions of article 283 of the sale also applies to all other charge seizure types.
285. If a charge of belonging to a real estate disposes of or encumbers in rem or debts without the permission of the family courts in cases when it is required by law, such a dispossession or burden does not apply and is not koroborējam.
The following transactions of movable property or of rights if they harm the charge, can be a challenge.
As soon as the family courts to come to some such cases, it must ensure that the incoming path the guardian claims against former guardian or ward, or further bad faith pretlīdzēj of winners.
A former protégé can be made during the year by adulthood.
286. Without the permission of the guardian family courts can not belonging to the minor capital claims not to shout, not cede.
287. If the guardian assigns the claim of a third party against the minor, the guardian loses its claim to the minor.
288. If the minor's property consists of field of real estate, the guardian, special attention should be turned to the fields properly cooked, the livestock buildings well maintained, corrected every income properly collected, charges and other public burdens during the cover and the company maintained.
289. the real estate in cities must maintain to be a guardian and in good condition, collected from those income and time the incident to them.
290. New buildings and installations related to the expenses that cannot be covered from real estate income, the guardian must not be build and without prior authorisation of the family courts.
291. If real estate leasing is the most advantageous charge lease project must be submitted to the family courts to approve. Guardian himself, his spouse and children are prohibited from renting Ward real estate.
292. Minor inherited Commerce, industry or any other company guardian must continue to invoice the minor, unless such a continuation is not associated with a hazard or it does not stand in the way of obstacles. The question of the continuation or termination of the company resolving to family courts.
293. the guardian may be minor and his interests to conclude all kinds of contracts, how to accept and make payments. All the activities linked to the juvenile, unless the guardian did it in good faith, staying in addition, economic management and saistīdam of the juvenile without much need for a longer time than his age.
294. If the guardian considers their interests for a bargain in the ward to get real estate or immovable property belonging to the particular right or easement, they must ask for this purpose, prior permission of the family courts.
295. The legacy inherited by the Chancery of the parents, as well as from any other, the guardian may be accepted only with the right equipment (708. p.). He may not, without the permission of the heritage of the family courts to accept, not to refuse.
296. all cash, except minor current expenditure required, guardian must deposit to interest any of the State or municipal institutions.
With the permission of the guardian family courts can deposit cash to minor interest to a sufficient security with real estate.
297. in reply the minor guardian for them, which he transferred the capital to interest without sufficient collateral.
Like the guardian responsible for any unwarranted delay in the minor cash deposits to interest, and they must pay the minor with their interest loss occurred.
298. the guardian is prohibited to borrow from his ward, and he must not use the ward property.
299. If the guardian is obliged to charge cases turn to others for help, then he is responsible for that person.
Guardian by choosing help your ward real estate management or his business to conduct, must ensure that these people give sufficient collateral. If a person with no coverage, the guardian can accept yourself Assistant with no collateral, but only with the permission of the family courts and after news of their harvested reliability. Otherwise, the guardian is responsible for the operation of the Assistant and negligence.
4. The settlement 300. Guardian must be given every year to the family courts concerned the settlement of his guardian.
From the settlement naming is not free with the guardian that the testator be freed from this obligation.
301. the annual settlement shall be submitted in writing to the family courts at the beginning of each year, not later than February; It should be a property of the legend and detailed list, with receipts as possible both for any time of the year in the minors in the former editions, as well as income received and also on the amount of income that was received.
If the year settlement for the family courts have no objection, it shall issue a certificate for the year a guardian account.
302. the family courts shall check the accuracy of settlement of the guardian year after year; finding errors and not in the best interests of the disadvantaged guardian activities, it requires of them taking the appropriate explanations and steps.
5. Remuneration of guardians for expenses and efforts All guardian expenses 303. outings in the minor things, as well as Assistant, clerk, etc. the remuneration and reimbursement falls to the minors, and the guardian puts it on his account.
304. All that set from its custodian means the minor cases, he gets back from minor things to with interest if, even sparingly, kept House has been required to post cash or borrow.
This expenditure must be the first settlement at norad to the judgment.
305. Expenses and deploy funds (303.304. p. and) to get back to the guardian when the thing for which they are used, adversely, unless the same thing he started with the intention of promoting the interests of minors and, moreover, with the proper attention.
306. Accidental damages of guardian, the execution of his duties, incurred without his fault, as with the losses he suffered in the ward, to be reimbursed from the ward.
307. the family courts "guardian fair and reasonable remuneration for the ward property, but not more than five percent of the net income, after the approval of the annual account.
Looking at the conditions, the annual remuneration of the family courts can be specified instead of a lump sum remuneration after the guardian custody death, the guardian's review of the report, and final settlement with the guardian. This reimbursement may not exceed five thousand dollars.
Not receive the guardians, located straight line relationship with ward.
Note the. If the guardian's remuneration exceeding three hundred pounds, to be submitted to the court decisions of the family courts for approval.
308. when guardians are several, among them the consideration of similar parts, if not otherwise determined by family courts Division.
309. the claims for payment must not be used in minor capital assets.
310. If the person who left a heritage of minors, so will a guardian set itself some reward, he is no longer entitled to statutory compensation (p. 307), unless the testator has not directly stated by the opposite.
Vi. liability of Guardians 311. Guardian responsible for all damages that he, not doing my duty (269. p.), caused by the charge.
312. the guardian, which proved that he noticed the same care with which he as a good landlord to manage their own affairs, are free from any liability.
313. If the minor's legacy, recover or his former guardian invested capital or buying real estate to him, to have a minor injury, the guardian responding only on harm and gross negligence.
314. If the guardian his management due to the obligation to pay the charge, it also go to his heirs.
315. the guardian's heirs are responsible only for his harm and gross negligence. But if the claims had been brought more life to the guardian, he heir to the answer for all without distinction, which would have had to answer the same testator as guardian.
VII. Līdzaizbildņ and their mutual relationship of each guardianship 316. Management one appointed guardian. Particularly difficult and complex custody may appoint several guardians, however not more than three.
317. If the will of the one appointed guardian, family courts, against his will, be appointed him līdzaizbildn only when it directly contradicts the will, but also the last case may appoint, if līdzaizbildn not to do so, the minors would have predicted a significant loss.
318. As a general rule, the līdzaizbildn manage shared custody and undivided, and therefore management terms have the same rights and the same obligations.
Each guardian separately made the action of trusteeship is valid and associated, unless he is not at all in breach of its guardian rights and līdzaizbildn are not against his action raised the question.
The transaction, which results in termination of the Trusteeship, as, for example, the adoption of minors, all guardian consent.
319. in all Ward claims arising from the guardian, guardian management response in solidarity.
320. If the losses suffered by the līdzaizbildņ charge of joint action or negligence, I have only one of them, then he has the right to ask of the other reasonable reimbursement of this piedalīb. If a guardian is insolvent, his share of the company being divided proportionally amongst others.
321. If the action or negligence, which caused the loss, is guilty of only one guardian, he must pay the rest of his site paid damages.
If in this case the consideration in insolvency lay blame on someone else pay the guardian, he has the right to require reasonable remuneration in this piedalīb from the rest of the solvent līdzaizbildņ.
322. If the age of majority reached one draws its claim against the guardian, each separately, each of them ordered to pay only your permission, without imposing joint and several liability in such a case, all of the guardian, which prove to be insolvent.
323. Joint and several liability of guardians to their heirs. Ward heir, just as he can turn to with their own claims of insight to each guardian also separately.
324. Guardian of the joint and several liability only covers their management time. For actions or omissions that occurred after the līdzaizbildņ 's withdrawal or termination of the Trusteeship, the sole responsibility of the offender.
325. If, after the expiry of the custody of the child reached one guardian signature on the former property of proper custody transfer, then the signature will also protect līdzaizbildņ against any further requirements.
326. If the guardians agree to divide among themselves the duties of joint custody, they may do so only on your own responsibility, and such breakdown does not affect neither Ward nor the rights of third parties. However, also in this case, for each action the answer the first offender.
327. If several appointed guardians, they may require that the family courts shall be divided between them the guardianship duties.
If the family courts to the guardianship responsibilities between guardians or if the distribution defined by the person who left a legacy to the minors, then each individual guardian familiar to him and only a specified part of it.
328. the guardian, which get to know that from the līdzaizbildņ management for the minor threat to break out the loss, shall also be communicated to the family courts. Guardian that this obligation is not complied with, the culprit responsible for the līdzaizbildn action or negligence, and cannot plead that custody had been divided.
329. If no guardians, subject to all of the guardianship, the guardian special which still appoint the individual actions (226., 267.268. p.), or the management of real property, which is located in the distance, the guardian acting separately from the others and the one responsible for all your actions and negligence.
VIII. Family courts and its relations with Ward and guardians 330. Family courts must immediately, without waiting for the relatives or other non-request, appoint the guardian minors (222. p.).
As soon as the State and local authorities get to know the case that must be appointed guardian for minors, they notify the family courts concerned. The same duty to family members, relatives and persons in charge of the minor.
331. the family courts shall ensure that the minor's property list, constantly monitors the actions of the guardian, do everything required by the minor's interests and support them.
332. Revealing of disorder, they eliminate the fosters immediately, and if it līdzaizbildņ or a relative statement or on its own discretion admit guardian inappropriate, so the guardian and appointed in his place.
If family courts to investigate the case, initiated by the investigation suspects guardian from the post suspended and, if necessary, especially when there is no līdzaizbildņ, to replace things with final provisional guardian.
333. the family courts can order or decision concerning its failure to be guardians of a fine of up to a hundred lats. The money is included in the income of the municipality.
One month after the receipt of the notification of the imposition of the fine guardian can be made to the family courts, which sentence imposed, stating the reasons for the request, with justification, to reduce or dismiss the punishment.
334. Sevišķo cases at the request of the guardian family courts gives them the necessary instructions.
335. If the guardian of the family courts allow illegal activity and negligence but are not able to pay the guardians charge damages, therefore they must be borne by the municipality.
337. The municipality shall be responsible for the negligence of family courts especially in the following cases: 1 when getting to know) about a minor, does not appoint him guardian;
2) when appointing or approving about guardian seemingly inappropriate person;
3) when not enough that a guardian be appointed for the person in a position of trust;
4 when the time is not set) necessary steps against a suitable guardian.
338. If family courts deliberately hurt her ward, municipality of interest recourse procedures may require full compensation of the members of the family courts.
IX. termination of guardianship Guardianship ceases 339. charge: 1) with his death;
2) with his age of majority;
3) adopted him;
4 If you can restore an older).
340. If a number of the ward in the same auspices, one disposes of its 339. Article 2 and 3 of the reasons specified in points, the Guardian reported to the family courts.
The case of the loose distinction between custody due to his share.
341. the guardianship terminated guardian: 1) with his death;
2) if their discount with family courts decision legal reasons;
3) if they cancel a guardian;
4) guardianship established under certain conditions or for a certain period of time, or those conditions falls — drains to a certain time.
342. The previous (341) in the cases specified in article fallen guardian of fosters place appoint another. If you die in one of the other guardians, must immediately notify the family courts.
343. The obstacles that you do not permission to execute the duties of the guardian, guardian of the law do not give entirely relinquish their posts; up to the barriers to preventing family courts, if necessary, appoint a temporary guardian.
344. Guardian discount it fosters that appointed him or approved.
345. If any of your relatives or from outsiders get to know about the minors of the guardian management threatening dangers, then each of them, and the minors have the right to report on the family courts.
346. the family courts law to cancel the guardian applies to all Trustees, other than not will not appointed nor the minor's parents.
347. Lastly, the guardian's custody should be given to the family courts to his former charge final settlement. Looking through it, the guardian cannot be held responsible for such settlements, which fosters the past examined, and held, except when the guardian they have errors or false tolerance.
348. the submission of the final settlement of the legal guardian should immediately transfer all his property in the management after the list and a final settlement of the former charge, but the last turn to pay everything owed to former guardian.
349. If custody without reason exempted avoided taking his belongings, guardian can protect against all the consequences of the delay in transferring the property of the family courts.
350. when custody died from custody released the former guardian signature given that all their belongings due to he has received and that against the guardian him any claim is not. When such signature submitted to the family courts with a request for dismissal of the guardian. The dispute on this signature acceptable only if later discovered the apparent false or error.
351. the challenge to the final settlement of the guardian's former minor must travel within six months of receipt of a final settlement. Family courts, requested explanations from the guardian, two weeks to make his decision and, where appropriate, apply the provisions of article 1308.
352. Notwithstanding the reservation of lifting or lifting of the family courts and family courts decision (p. 351) the former minor shall have the right within one year from the receipt of the final settlement of the transfer of the property, or if it happens later, bring legal action against the former guardian in the Court. Within one year of the submission of the settlement with the former guardian may bring legal action against the former charge.
353. If aizbilstamaisnomirs do not come of age, the guardian gives his final account by his successors.
354. the guardian, which laid off or canceled from custody before the final, must give to his descendants, or settlement, līdzaizbildņ. If he dies, this obligation shall pass to his heirs.
The second Guardianship over minors subchapter i. General provisions
355. Guardian over minors after the judgment of the Court of Justice shall be appointed by the family courts, which in the first round of the trustee is to be appointed under the aegis of the spouse or one of closest relatives, as well as to respect the will of the person last order, which left him a fortune.
356. the Guardianship over minors subject to the relevant provisions on the custody of minors, in so far as those rules do not speak towards the following.
II. the Guardianship over the long sick 357. Crazy, but not missing a required regular brain case, administrators can manage their property and move freely.
358. In the spirit of the sick who are missing all or most of the mental ability, action recognised as incapable and non able to represent themselves and manage their property and handle it, why be appointed guardianship over them.
359. The long disease or dementia is connected with legal consequences only if the person is not capable of action along the disease or dementia is recognised by the Court. Every family that has a long suffering, as well as the family member can announce it to the Court after a long sick of the place of residence. You may also notify each foreign person who demonstrated their interest in the case, and the Prosecutor's Office.
360. If the Court finds a person incapable of action long illness or insanity, it shall notify it to the family courts shall be appointed as necessary over the long suffering from one or more of the patron who instructs his property management and special care of his person, without imposing an obligation of guardians themselves, however, set a long suffering.
361. Under the auspices of the existing spirit of ill activity, especially their dispossession of property, is void. The same applies to the action that they committed before appointment to the guardianship of a long illness.
362. the action committed by the auspices of the long suffering of the appointment before revealing the breakout, and therefore they are in force in the legal transactions concluded between associate as their own, so with the other participants of the transaction.
363. any Person justifying claims on transactions (p. 362) legal meaning and validity to prove that the spirit of the sick, making the transactions, was the light in the meantime.
364. the long suffering if the Court recognized as izveseļojušo, i.e., capable of action, it asks for family courts to dismiss from a position of Protector after they have submitted the settlement and handed over the health of the person property recovered in their management.
III. The custody over persons or wasteful life dissolute week 365. All persons, living in debauchery or wasteful, as well as excessive alcohol or drug use threatens to result in yourself or your family in distress or in poverty, the Court, at the request of relatives or family or the public prosecutor may, on a proposal to establish a guardianship.
366. By establishing guardianship, the Court takes away the previous (365) the person referred to in article management and action over her belongings and ask for the family courts concerned put this management one or more guardians.
367. in terms of management of property referred to in article 365 persons equivalent to minors. Subtracting those assets management and action, they allowed free action with the net income remaining after all with the property management and family nutrition-related expenses.
368. the action that the person referred to in article 365 committed before it suspended from property management and it has been declared, and links.
369. Under the auspices of article 365 of these parties will continue until such time as there is no doubt anymore that it finally amended its nature and way of life, and as long as it is not recognized by the same court that guardianship relationships.
IV. Trusteeship over the missing persons absent and belongings from their 370. permanent residence rights if he gone has not left in place, the Governors may represent not an authorized registrar.
371. If not authorised registrars (370. p.) is not or if not asked records is not permitted, but legal representation in the case, however, it is necessary for the Court to which the place of their residence before gone leaving was personal subject, has the right and duty to establish guardianship.
372. Patron guarded and managed assets of the absent, but he has no right to intervene in other cases absent, except only where necessary in the muggy.
373. the custodian of the property entrusted to him a list should be drawn up and should be given to the family courts every year settlement.
374. the legacy of absent If agrees, it can adopt a patron in the same round as the guardian of his charge agreed to accept the inheritance. But if before the statutory period of limitation ends shows that the absent at the time of the opening of succession no longer had a life, a legacy switch to those who have been in that moment closer to the heirs after the absent.
375. the Guardianship over the absent possessions end: 1) when he returns back to his residence or to report yourself and even give orders on his belongings;
get down 2) when the news of his death;
3 when the Court issued him) for the dead.
376. If you received a secure message about the absence of death, his property subject to the General rules on succession and a candidate for the list and the person that settlement in the absent at the time of death was his nearest heir.
377. the Court shall issue a Missing dead after the interested person, but, if not, after his welfare or property at the request of the Prosecutor, which may be submitted, as soon as the run for ten years from the end of the year of the missing get last news.
If lost, the last news about him, had reached seventy years of age, five years after the receipt of this message may ask you to announce him as dead.
378. The lost can be declared dead: 1) if he is gone on the field of battle and the two years of the end of hostilities, no news about him;
2 if he was to die) dead on the vessel or aircraft or other death has been exposed to danger and six months no news about him.
379. When a court declares missing dead, his treasure, if he has not left a will, the heirs of those who hold acceptable at the time of death, if so specified in the decision of the Court, or, if that day cannot be ascertained, at the time of initiation were his closest relatives or spouse.
380. If missing, which the Court declared dead (p. 377), come back, he can reclaim his belongings from the persons to whom it was passed (379. p.), or their heirs, but only in the composition in which it is stored, or so much as the heirs to this period established by this property.
381. If, after the promulgation of the missing dead proves that he died at other times, the person who this time belonged to the right to inherit, they may be required to pass the remaining things, but with with only 380 in article aprobežojum.»
The Republic of Latvia Supreme Council Chairman a. GORBUNOV of the Republic of Latvia Supreme Council Secretary i. DAUDIŠ in Riga on 25 May 1993, the