Section 1598/36.- Dissolution pronounced by the Court takes effect on and from the time when the judgment becomes final. However, it may not be set up to the prejudice of the rights of third persons acting in good faith unless it has been registered.

 

Section 1598/37.- Upon death of the adopter or a dissolution of the adoption, the natural parents shall, in the case of the adopted child not yet becoming sui juris, recover the parental power from the date of the death of the adopter or from the date of the registration of the dissolution of the adoption under Section 1598/31 or from the date on which the final judgment affecting such dissolution of adoption has been pronounced by the Court unless the Court has otherwise expediently decided.

In case where a guardian of an adopted child has been appointed prior to the death of the adopter or prior to the dissolution of the adoption, such guardian’s existing power and duties shall continue unless the child’s natural parents have otherwise petitioned the Court and that the Court has issued an order restoring the parental power upon such petitioners.

A change in the person exercising the parental power under paragraph one or the guardian under paragraph two above shall not prejudice the rights of the third person acquired in good faith prior to the registration of the dissolution of the adoption.

 

TITLE III

MAINTENACE

 

Section 1598/38.- Maintenance may be claimed between husband and wife or parent and child when the party entitled to maintenance has not been furnished with the maintenance or has been furnished with the maintenance insufficient to his condition in life.

 

Section 1598/39.- When any interested person can show that there has been a change in circumstances or in the means or condition in life of the parties, the Court may make alteration of the maintenance by cancelling, reducing, increasing or re-establishing the amount of maintenance.

In case of the Court gives an order not granting the maintenance only on account of one party not being in the position to furnish the maintenance at the moment, the Court may be requested to alter its order given in that case if the circumstances, means or condition in life of the other have changed and the claimant, after having taken account of the circumstance, his means and condition in life, should be furnished with the maintenance.

 

Section 1598/40.- Maintenance shall be furnished by periodical payments in money unless the parties agree to pay otherwise or in some other manners. However, in the absence of such agreement and for special reason, the Court may, upon application of any party and it is deemed proper, determine the maintenance to be furnished otherwise or in some other manners and whether the payment to be made in money. In case of claim for maintenance of a child, if there are special reasons and deemed proper, the Court may determine the maintenance to be furnished by any means other than those agreed by the parties, or other than what has been applied for by any party such as to send the child to an educational or vocational institution and the expenses incurred thereby are to be borne by the person bound to furnish the maintenance.

 

Section 1598/41.- The right of maintenance cannot be renounced, attached or transferred and is not subject to execution.