Translation:Act Promulgating Revised Provisions of Book 5 of the Civil and Commercial Code, 2519 BE/Annex
Volume 93, Issue 129
Royal Gazette
15 October 2519
Section1435.An engagement may be entered into only when the man and woman have already attained full seventeen years of age.
An engagement which contravenes the provision of paragraph 1 is void.
Section1436.A minor may enter into an engagement only upon the consent of the following persons:
(1)the father and mother, in the event that both the father and mother exist;
(2)the father or mother, in the event the mother or father has died or has been deprived of the parental power;
(3)the guardian, in the event that the father and mother do not exist or the father or mother exists but has been deprived of the parental power.
An engagement entered into by a minor without the said consent is voidable.
Section1437.Engagement gift is the property given on the part of the man to the part of the woman as evidence and guarantee of the marriage with the woman.
The engagement gift shall become subject to the rights of the woman upon the marriage.
Bride price is the property given on the part of the man to the part of the woman’s father, mother, or guardian in return for the woman agreeing to marry. If the marriage failed to take place, the man may claim its return.
Section1438.No engagement shall ground a request for a court to enforce a marriage. If it has been agreed that a penalty will be paid when the engagement contract is breached, such an agreement is void.
Section1439.Upon engagement, if either party breaches the engagement contract, the other party has the right to claim the liability for compensation. In the event that there is engagement gift, if the engagement contract is breached on the part of the man, the engagement gift shall become subject to the rights of the woman, or if the engagement contract is breached on the part of the woman, the engagement gift shall be returned to the part of the man.
Section1440.Compensation may be claimed for the following:
(1)for compensating the injury to the body or reputation of the man or woman;
(2)for compensating the injury arising from the appropriate expenses or debts suffered in good faith by the engaged person, his or her father or mother, or the person acting as the father or mother in preparation for the marriage;
(3)for compensating the injury arising from the fact that the engaged person has appropriately administered his or her property or taken other measures relating to his or her occupation or earnings in expectation of the marriage.
In the event that the woman has the right to receive the compensation, the court may rule that the engagement gift which has become subject to her rights constitutes the whole or part of the compensation she is entitled to, or the court may grant the compensation without regard to the engagement gift which has become subject to her rights.
Section1441.If either of the engaged persons dies prior to the marriage, the other cannot claim compensation. In the event that there is engagement gift, if the dead person is the woman, the gift shall be returned on the part of the woman to the part of the man, but if the dead person is the man, the engagement gift needs not to be returned.
Section1442.In the event that a significant incident happens to the engaged woman, making it inappropriate for the man to marry her, the man has the right to rescind the engagement contract and the woman shall return the engagement gift to him.
Section1443.In the event that a significant incident happens to the engaged man, making it inappropriate for the woman to marry him, the woman has the right to rescind the engagement contract without having to return the engagement gift to him.
Section1444.If the incident causing an engaged person to rescind the engagement contract is serious misconduct committed by the other engaged person after the engagement, the engaged person committing the serious misconduct must be liable to pay compensation to the engaged person exercising the right to rescind the engagement contract, as if having breached the engagement contract.
Section1445.An engaged man may, after he has rescinded the engagement contract according to section 1442, claim compensation from another man who had sexual intercourse with his engaged woman when that man knew or should have known that the woman had already been engaged to him.
Section1446.An engaged man may, without having to rescind the engagement contract, claim compensation from another man who raped or attempted to rape his engaged woman when that man knew or should have known that the woman had already been engaged.
Section1447.As regards the compensation payable according to this Chapter, the court shall decide it as appropriate for the circumstances.
The right to claim the compensation under section 1440(1) or (3), section 1444, section 1445, or section 1446 shall be nontransferable and shall not devolve upon heirs, save where the right has been recognised in writing or the injured person has already initiated an action by virtue of such right.
The right to claim the compensation under the provisions of this Chapter shall be subject to six-month limitation.
Section1448.A marriage may be entered into only when the man and woman have already attained full seventeen years of age. But in the event where there is an appropriate reason, a court may permit them to marry prior thereto.
Section1449.A marriage cannot be entered into if either the man or woman is insane or has been adjudged incompetent by a court.
Section1450.The man and woman who are related by blood as direct ascendants or descendants or as siblings of whole or half blood cannot marry each other. The said relationship shall be determined by bloodline without regard to its legitimacy.
Section1451.A person who adopts a child and the adopted child shall not marry each other.
Section1452.No man or woman shall marry whilst he or she has a spouse.
Section1453.A woman whose husband has died or whose marriage has ended otherwise may remarry only upon the passage of not less than three hundred and ten days from the end of the marriage, save where—
(1)she gives birth to a child during that period;
(2)she remarries the same spouse;
(3)a certificate from a physician holding a certificate or degree enabling him to practise medicine in the field of medical treatment according to the law states that she is not pregnant; or
(4)a court order permits the marriage.
Section1454.When a minor is to marry, the provisions of section 1436 shall apply mutatis mutandis.
Section1455.The consent to a marriage shall only be given—
(1)by signing the register during registration of the marriage;
(2)in writing specifying the names of both the persons who are to marry and signed by the consent giver;
(3)orally before at least two witnesses, if necessity arises.
Once given, such consent shall be irrevocable.
Section1456.If there is no person with the power to give the consent according section 1454 or there is one but he or she refuses to give the consent or is not in the state of being able to give the consent, or the minor is prevented by the circumstances from requesting the consent, the minor may request a court for permission to marry.
Section1457.A marriage under this Code shall exist only upon registration.
Section1458.A marriage may be entered into only when the man and woman consent to being each other’s husband or wife and openly express such consent before a registrar, and the registrar shall also record such consent.
Section1459.A marriage in a foreign country of persons sharing the Thai nationality or persons either of whom has the Thai nationality may be entered into in the form designated by the law of Thailand or the law of such country.
In the event that the spouses want to have it registered under the law of Thailand, a Thai diplomatic or consular official shall undertake to conduct the registration.
Section1460.When there is a special circumstance in which a marriage cannot be registered before a registrar because either or both of the man and woman are under imminent danger of death or are in a state of armed conflict or war, if the man and woman express their intention to marry each other before a person of majority present there and require him or her to record as evidence their intention to apply for marriage, and their marriage is later registered within ninety days from the day the registration may be conducted before a registrar, in respect of which the evidence is produced to the registrar and the registrar then records in the marriage register the day, month, year, and place of the expression of the intention to apply for marriage, as well as the special circumstance, it shall be deemed that the day of their expression of the intention to apply for marriage is the day of registration of their marriage before the registrar.
The provisions of this section shall be inapplicable if the marriage would be void should it take place on the day of expression of the intention to apply for it.
Section1461.A husband and wife must cohabit as husband and wife.
A husband and wife must support and maintain each other as per his or her ability and standing.
Section1462.If living together would endanger the body or mind or would much destroy the peace of a husband or wife, the party to be endangered or injured may request a court to permit him or her to live separately during the existence of such incident. In this event, the court may designate an amount of maintenance to be paid by one party to the other party as appropriate for the circumstances.
Section1463.In the event that a court adjudges a husband or wife incompetent or quasi-incompetent, the wife or husband shall be the custodian or curator. But when an interested person or public prosecutor makes a request and there is a significant reason, the court may appoint a different person as the custodian or curator.
Section1464.In the event that either spouse is insane, irrespective of whether or not he or she has been adjudged incompetent by a court, and the other spouse fails to appropriately maintain him or her, or commits any act or fails to do an appropriate act, thereby placing him o her in the state of being likely to suffer harm to the property, body, or mind, the person who may request a court to adjudge an insane person incompetent according to section 29 or the custodian shall have the power to claim maintenance for the insane spouse from the other spouse and/or request the court for any order for protection of the insane spouse.
In such an event as said in paragraph 1, if the court has not yet adjudged the insane spouse incompetent, the person under paragraph 1 shall request the court in the same case for its order adjudging the insane person incompetent, with or without an additional request for appointment of a different person as the custodian according to section 1463, or if the court has already adjudged the spouse incompetent and appointed a custodian, a request for removal of the custodian and appointment of a new custodian may be made.
In the event that the allegedly insane spouse has not yet been adjudged incompetent, if the court finds that the spouse should not yet be adjudged incompetent, it shall dismiss the request and dismiss the action for maintenance. If finding that the spouse should be adjudged incompetent but an order regarding maintenance should not yet be given or any order for protection of the insane spouse should not be given, the court shall adjudge the spouse incompetent and dismiss the request for maintenance or any request for protection of the insane spouse.
The provisions of this section shall not affect the power of the court to give an order appointing a custodian according to section 1463 and the power to give an order according to section 1530.
Section1465.If a husband and wife have not made a special contract regarding their property prior to the marriage, the relationship between the husband and wife regarding their property shall be governed by the provisions of this Chapter.
If any provision of a premarital contract is contrary to public order or good morals or specifies the application of a foreign law in regard to property, such provision is void.
Section1466.A premarital contract is void if the agreements forming it are not recorded in the marriage register at the same time as the registration of the marriage or are not made in writing signed by the spouses and by at least two witnesses and annexed to the marriage register with a note made in the marriage register at the same time as the registration of the marriage, indicating the annexation of the contract.
Section1467.After the marriage, the premarital contract shall not be modified or revoked, save where it is permitted by a court.
Once a court has given a final order permitting the modification or revocation of a premarital contract, the court shall notify the marriage registrar to record it in the marriage register.
Section1468.No provision of a premarital contract shall affect the rights of a third party who acts in good faith, irrespective of whether or not it has been modified or revoked by virtue of a court order.
Section1469.Any contract on property made by a husband and wife whilst being husband and wife may be rescinded by either of them at any time whilst they are still husband and wife or within a one-year period from the day they cease to be husband and wife. But this shall not affect the rights of a third party who acts in good faith.
Section1470.Other than the items set aside as personal property, the property of a husband and wife constitutes their marital property.
Section1471.Personal property is property—
(1)which either spouse has had since before the marriage;
(2)which is an article of personal use, article of clothing, or article of personal adornment appropriate for the conditions, or a tool or appliance necessary for the carrying out of an occupation or profession by either spouse;
(3)which either spouse acquires through succession or gratuitous gift during the marriage;
(4)which is the engagement gift.
Section1472.If personal property has been exchanged for other property, or has been used to buy other property, or has been sold for money, such other property or money acquired becomes personal property.
When personal property has been destroyed in whole or in part but other property or money has been acquired as its replacement, such other property or money acquired becomes personal property.
Section1473.Personal property shall be administered by either spouse to whom it belongs.
Section1474.Marital property is property—
(1)which is acquired by the spouses during the marriage;
(2)which is acquired by either spouse through a will or gift made in writing during the marriage, when the will or gift letter specifies that it be marital property;
(3)which is a fruit of personal property.
In the event of doubt as to whether or not any property is marital property, it shall be presumed to be marital property.
Section1475.If any marital property falls under the category specified in section 456 of this Code or is accompanied by an evidentiary document, the husband or wife may request the entry of his or her name in that document as a co-owner.
Section1476.The husband and wife jointly administer the marital property, save where the premarital contract designates otherwise.
Section1477.The power to administer marital property includes the power to dispose of, pledge, mortgage, or create encumbrances upon marital property and the power to institute and defend cases relating to marital property.
Section1478.When any spouse is required to give consent or affix a signature together with the other spouse in regard to the administration of property but fails to give such consent or refuses to affix such signature without reason or is not in the state of being able to give consent, the other spouse may request a court for an order of permission instead.
Section1479.When any act to be done by a husband or wife requires their mutual consent and the law provides that the act be done in writing or registered with a competent authority, the consent must be given in writing.
Section1480.In administering marital property, if either spouse performs a juristic without the consent of the other spouse, such juristic act shall be valid only upon the confirmation of the other spouse.
In the event that either spouse performs a juristic act without the consent according to paragraph 1, the other spouse may request a court to revoke such juristic act. But this shall be inapplicable if it appears that a third party acted in good faith at the time of the performance of the juristic act. However, the other spouse is always entitled to request a court to revoke a gratuitous gift which is not morally or socially appropriate.
The provisions of section 240 shall apply mutatis mutandis.
Section1481.No husband or wife has the power to make a will granting marital property to any person in excess of his or her own portion.
Section1482.Irrespective of whether or not there is a premarital or intramarital contract specifying either the husband or wife as the sole administrator of the marital property, the other spouse remains empowered to administer the household or procure things necessary for the family.
If the husband or wife exercises the power to administer the household or procure things necessary for the family in a manner causing considerable injury, the other may request a court to prohibit or restrict this power.
Section1483.In the event that a premarital or intramarital contract or a court order permits either the husband or wife to administer the marital property, whether in whole or in part, if the husband or wife thus empowered to administer the marital property is to perform or is performing any act for the administration of the marital property in a manner obviously likely to cause considerable injury, the other may request a court to prohibit such act.
Section1484.If the husband or wife who is empowered to administer the marital property according to section 1483—
(1)administers the marital property in a manner causing considerable injury;
(2)fails to maintain the other;
(3)becomes insolvent or creates debts in excess of half of the marital property;
(4)obstructs the administration of the marital property by the other without appropriate reason;
(5)is shown by circumstances to bring about ruination to the marital property;
the other may request a court to permit him or her to be the sole administrator of the marital property or may request separation of the marital property.
In the event under paragraph 1, if it is requested by any party, the court may impose provisional measures of protection as it finds appropriate so that the marital property could be administered for the time being.
Section1485.A husband or wife may request a court to permit him or her to administer any specific kind of marital property or to participate in such administration, if doing so would be more beneficial.
Section1486.In the event that there is a premarital contract, once a court has given a final judgment or order according to the provisions of section 1483, section 1484, or section 1485 which is in favour of the requestor, or section 1491, the court shall notify the marriage registrar to record it in the marriage register.
Section1487.Whilst being a husband and wife, neither of them shall seize property of the other, save for outstanding maintenance and costs according to a court judgment.
Section1488.If a husband or wife is personally liable for a debt created prior to or during the marriage, that debt shall be paid with his or her personal property first. When this is insufficient, it shall then be paid with his or her portion in the marital property.
Section1489.If a husband and wife are joint debtors, the debts shall be paid with the marital property and the personal property of both of them.
Section1490.The debts to which a husband and wife are jointly liable shall include the following debts created by them during their marriage:
(1)the debts relating to the management of necessary affairs within the family, the provision of maintenance and medical treatment to members of the family, and the education of children as appropriate for their individual conditions;
(2)the debts relating to the marital property;
(3)the debts arising from the work jointly performed by the husband and wife;
(4)the debts created by the husband or wife for his or her sole benefit but confirmed by the other.
Section1491.If a husband or wife is adjudged bankrupt, the marital property is separated by operation of law from the day the court gives the judgment of bankruptcy.
Section1492.Upon separation of the marital property, the portion separated for the husband or wife shall become his or her personal property.
Section1493.In the event that the marital property is no more, the husband and wife must help each other pay the expenses of the household in proportion to the amount of their respective personal property.
Section1494.A marriage is void only when it meets the provisions of this Chapter.
Section1495.Only a court judgment can declare any marriage void.
Section1496.A marriage which contravenes section 1449, section 1450, section 1452, or[1] section 1458 is void.
Section1497.In order to request a court to adjudge a marriage void, an interested person may request a public prosecutor to make such a request to the court.
Section1498.A void marriage creates no relationship between the husband and wife in regard to property.
When a court judgment declares any marriage void, the property owned or acquired by either spouse, whether before or after the marriage registration, as well as its fruits, shall remain belonging to that spouse. As for the property which has been acquired through a will or gratuitous gift when the will or gift letter specifies that it be for both spouses, it shall be halved for each spouse.
Section1499.The fact that a marriage is void does not prejudice the rights acquired in good faith by the married man or woman on account of such marriage. If only one of them entered into the marriage in good faith, that one shall have the right to claim compensation, and if the one entering into the marriage in good faith has suffered impoverishment and has no sufficient income from property or from the work he or she used to perform before the court gave the judgment declaring the marriage void, that one shall also have the right to claim alimony.
The provisions of section 1526 shall apply mutatis mutandis.
Section1500.The fact that any marriage has been adjudged void by a court does not prejudice the rights acquired by a third party acting in good faith before the court gave the judgment declaring the marriage void, in which case such judgment shall be deemed to never exist.
Section1501.A marriage ends upon death, divorce, or annulment by a court judgment.
Section1502.A voidable marriage ends upon annulment by a court judgment.
Section1503.A request for a court to annul a marriage because it is voidable can only happen in the event that the spouses contravened section 1448, section 1405, section 1506, section 1507, or[1] section 1509.
Section1504.When a marriage is voidable because it contravenes section 1448, an interested person may request its annulment, but the father, mother, or guardian who has given consent to it can no longer request its annulment.
If no court has ordered annulment of the marriage until the man and woman attain the age under section 1448, or when the woman becomes pregnant before attaining the age under section 1448, the marriage shall be deemed to have been valid since the time of the marriage.
Section1505.A marriage entered into by a spouse under a mistake about the identity of the [other] spouse is voidable.
The right to request annulment of a marriage because of a mistake about the identity of a spouse shall terminate upon the passage of ninety days from the day of the marriage.
Section1506.If a spouse has entered into the marriage because of a fraud which is considerable to the extent that, without it, the marriage would not have been entered into, such marriage is voidable.
The provisions of paragraph 1 shall be inapplicable in the event that the fraud was exercised by a third party without the knowledge of the other spouse.
The right to request annulment of a marriage because of a fraud shall terminate upon the passage of ninety days from the day the fraud becomes known or should have become known, or upon the passage of one year from the day of the marriage.
Section1507.If a spouse has entered into the marriage because of duress which is considerable to the extent that, without it, the marriage would not have been entered into, such marriage is voidable.
The right to request annulment of a marriage because of duress shall terminate upon the passage of one year from the day of being released from the duress.
Section1508.As regards a marriage which is voidable because of a mistake about the identity of a spouse, or because of fraud or duress, only the spouse who made the mistake or was subjected to the fraud or duress can request its annulment.
In the event that the person having the right to request annulment of the marriage has been adjudged incompetent by a court, the person who may request a court to adjudge an insane person incompetent according to section 29 shall also be able to request annulment of the marriage. But if the person having the right to request annulment of the marriage is an insane person who has not yet been adjudged incompetent by any court, the said person may request annulment of the marriage but he or she must request the court to adjudge the insane person incompetent at the same time. In the event that the court dismisses the request for adjudgment of incompetency, the court shall also dismiss his or her request for annulment of the marriage.
The court order which dismisses the marriage annulment request of the person under paragraph 2 shall not affect the right of a spouse to request annulment of the marriage, but the spouse must exercise such right within the time period he or she has. If the remaining time period is less than six months from the day the court dismisses the marriage annulment request of the said person, or is no more, such time period shall be extended until completion of six months or for six more months from the day the court dismisses the marriage annulment request of the said person, as the case may be.
Section1509.A marriage which lacks the consent of the person mentioned in section 1454 is voidable.
Section1510.As regards a marriage which is voidable because of lacking the consent of the person mentioned in section 1454, only the person who may give the consent according to section 1454 can request its annulment.
The right to request annulment of a marriage according to this section shall terminate when the spouse in question attains full twenty years of age or when the woman becomes pregnant.
A request for annulment of a marriage according to this section shall be subject to one-year limitation from the day the marriage is known.
Section1511.A marriage annulled by a judgment shall be deemed to end on the day the judgment becomes final, but this cannot be invoked to the prejudice of the rights of a third party who acts in good faith, save where the annulment has already been registered.
Section1512.The provisions on the effects of divorce by judgment shall apply mutatis mutandis to the effects of marriage annulment.
Section1513.If it appears that the spouse against whom the action for marriage annulment has been instituted connived in the cause of the voidability, that spouse must be liable to pay compensation for the injury to the other spouse’s body, reputation, or property as a result of such marriage, and section 1525 shall apply mutatis mutandis.
If annulment of the marriage under paragraph 1 causes the other spouse to suffer impoverishment and lack sufficient income from property or from the work he or she used to perform during the marriage, the spouse against whom the action was instituted must also be liable for such alimony as provided in section 1526.
Section1514.Divorce can be effected only by the mutual consent of both spouses or by a judgment of a court.
Divorce by consent must be made in writing signed by at least two witnesses.
Section1515.When the marriage has been registered in accordance with this Code, divorce by consent shall be valid only after the husband and wife have it registered.
Section1516.The reasons for instituting an action for divorce are as follows:
(1)when the husband maintains or honours another woman as his wife or the wife commits adultery, the other may institute an action for divorce;
(2)when the husband or wife commits misconduct, irrespective of whether or not it constitutes a criminal offence, if it causes the other—
(a)to suffer serious disgrace;
(b)to suffer contempt or hatred as a result of continuing to be the husband or wife of the party committing the misconduct; or
(c)to suffer excessive injury or trouble, taking into account the nature, standing, and joint livelihoods of the husband and wife;
the other may institute an action for divorce;
(3)when the husband or wife physically or mentally assaults or tortures, or defames or vilifies, the other or his or her ascendants, if it is serious, the other may institute an action for divorce;
(4)when the husband or wife has wilfully abandoned the other for over one year, the other may institute an action for divorce;
(5)when the husband or wife has been adjudged missing by a court, the other may institute an action for divorce;
(6)when the husband or wife fails to support or maintain the other appropriately or commits an act which is seriously adverse to the state of being husband and wife, if it is considerable to the extent that causes excessive trouble to the other, taking into account the nature, standing, and joint livelihoods of the husband and wife, the other may institute an action for divorce;
(7)when the husband or wife has been insane for more than three consecutive years and such insanity has no prospect of recovery and is considerable to the extent that cohabitation as husband and wife is no longer bearable, the other may institute an action for divorce;
(8)the husband or wife breaches a bond of good behaviour executed in writing, the other may institute an action for divorce;
(9)when the husband or wife has contracted a serious communicable disease likely to harm the other and the disease has a chronic nature without possibility of recovery, the other may institute an action for divorce;
(10)when the husband or wife has a physical condition which renders him or her permanently incapable of sexual intercourse, the other may institute an action for divorce.
Section1517.As regards the reason for instituting an action for divorce under section 1516(1) or[1] (2), if the husband or wife, as the case may be, has consented to or connived in the act grounding the divorce, he or she cannot raise it for instituting a divorce action.
As regards the reason for instituting a divorce action under section 1516(10), if it is caused by the other spouse, such other spouse cannot raise it for instituting a divorce action.
In the event that a divorce action is instituted for the reason that a bond has been breached in accordance with section 1516(8), if the court finds that the behaviour of the husband or wife which grounded the bond is trivial or is not significant for the peaceful cohabitation of the husband and wife, the court may refuse to grant the divorce.
Section1518.The right to institute a divorce action shall cease when the party having the right to institute a divorce action acts in such a manner showing that he or she has forgiven the act of the other party which grounds such right to institute a divorce action.
Section1519.In the event that either spouse has become insane and a reason for instituting a divorce action has arisen, whether before or after he or she became insane, the person who may request a court to adjudge an insane person incompetent in accordance with section 29 shall have the power to institute a divorce action against the other spouse, requesting the court for a judgment granting their divorce and division of their property. In this event, if no court has ever given an order declaring the insane spouse incompetent, the said person shall request the court in the same case for an order declaring the insane spouse incompetent.
Finding appropriate, the said person may also request the court for an order according to section 1526 or section 1530.
In the event that the spouse claimed to be insane has not yet been adjudged incompetent, if the court finds that the spouse should not yet be adjudged incompetent, it shall dismiss the action. If the court finds that the spouse should be adjudged incompetent but the divorce should not yet be granted, it shall adjudge the spouse incompetent, in respect of which it may dispense with giving an order on custodianship or may appoint a different person as custodian according to section 1463, and dismiss only the request for divorce. In this event, the court may also grant alimony. In the event that the court finds it appropriate to adjudge the insane spouse incompetent and to grant the divorce as well, the court shall include in the judgment an order adjudging the spouse incompetent, appointing a custodian, and granting the divorce.
In this respect, if the court finds that the reason for divorce cited in the action does not fit the nature of the incompetent spouse, for which he or she should not be divorced from the other spouse, or that, by virtue of the circumstances, their divorce should not be granted, the court may refuse to grant the divorce.
Section1520.If the husband and wife divorce by consent, they shall adopt a written agreement as to which of them shall have the custody of which child. If they have not adopted or cannot come to such an agreement, the court shall give a ruling.
If their divorce is effected by a judgment of a court, the winning party shall have the custody, save where the court rules that the other party or a third party shall have the custody.
Section1521.If it appears that the person having the custody according to section 1520 behaves inappropriately or that the circumstances have later changed, the court has the power to change such person, having chief regard to the peace and benefit of the children.
Although the children are placed in the custody of one spouse, the other spouse has the right to appropriately contact his or her own children, depending upon the circumstances.
Section1522.If the husband and wife divorce by consent, they shall include in the divorce settlement contract an agreement as to whether both of them or which of them shall pay the costs of maintenance of their children and as to the amount thereof.
If their divorce is effected by a judgment of a court, or in the event that the divorce settlement contract fails to designate child maintenance, the court shall designate it.
Section1523.When a court grants divorce for the reason under section 1516(1), the wife or husband has the right to receive compensation from the husband or wife and from the other woman or adulterer, as the case may be.
The husband may claim compensation from the person who sexually violated his wife, and the wife may claim compensation from another woman who openly presents herself as having romantic relationship with her husband.
If the husband or wife connives with the other in committing the act under section 1516(1) or allows another person to commit the act according to paragraph 2, that husband or wife shall not be able to claim compensation.
Section1524.If the reason for divorce under section 1516(3), (4), or (6) arises as a result of an act committed by the liable party with a view to forcing the other party to lose tolerance and institute a divorce action, the other party has the right to receive compensation from the liable party.
Section1525.The court shall decide the compensation under section 1523 or[1] section 1524 as appropriate for the circumstances, for which purpose the court may order it to be a one-time payment or payment in instalments subject to the time periods found appropriate by the court.
In the event that the person required to pay the compensation is the spouse of the other party, the court shall also take into account the amount of the property acquired by such spouse as a result of the division of the marital property following the divorce.
Section1526.In a divorce action, if the reason for divorce arises out of the fault of either spouse solely and the divorce would cause the other spouse to suffer impoverishment because of lacking sufficient income from property or from the work he or she used to perform during the marriage, such other spouse may request alimony to be paid from the liable party. The court may grant or refuse to grant this alimony in any amount, taking into account the ability of the provider and the standing of the recipient. In addition, the provisions of section 1598/39, section 1598/40, and section 1598/41 shall apply mutatis mutandis.
The right to claim alimony shall cease if it is not presented as a claim or counterclaim in the divorce action.
Section1527.Upon divorce on account of insanity according to section 1516(7) or a serious communicable disease according to section 1516(9), the other spouse must pay alimony, calculated mutatis mutandis according to section 1526, to the spouse suffering such insanity or communicable disease.
Section1528.If the spouse who receives alimony remarries, the right to receive it shall cease.
Section1529.The right to institute an action based upon the reason according to section 1516(1), (2), (3), or (6), or section 1523, shall terminate upon the passage of one year from the day the alleging party knows or should know of the fact which he or she may invoke.
A reason for divorce which can no longer be raised may be adduced to support a divorce action which is based upon a different reason.
Section1530.Whilst a divorce action is pending trial, if any party makes a request, the court may give a provisional order for management of certain affairs as it finds appropriate, such as in respect of the marital property, habitation, maintenance between the husband and wife, and the guarding or maintenance of children.
Section1531.When the marriage has been registered according to the law, divorce by mutual consent of the spouses shall take effect from the time of registration of the divorce onwards.
Divorce by a judgment shall take effect from the time the judgment becomes final, but this cannot be invoked to the prejudice of the rights of a third party who acts in good faith, save where the divorce has already been registered.
Section1532.Upon divorce, the property of the husband and wife shall be divided.
However, as between the husband and wife—
(a)their property to be divided shall be that which exists at the time of registration of the divorce, if the divorce is effected by their mutual consent;
(b)the parts of the judgment governing their property shall take retroactive effect from the day of institution of the divorce action, if the divorce is effected by a judgment of a court.
Section1533.Upon divorce, marital property shall be divided in a manner which allows the man and woman to receive equal portions.
Section1534.As regards the marital property which has been disposed of by either spouse solely for his or her own sake, or has been disposed of with the intention to injure the other spouse, or has been disposed of without the consent of the other spouse when the law requires the consent of such other spouse for the disposal, or has been destroyed wilfully, the property shall be deemed to exist still for the purpose of the division according to section 1533, and if the other spouse does not receive the marital property in full portion as he or she should receive, the spouse disposing of or wilfully destroying the marital property shall make restitution out of the portion of the marital property which belongs to him or her or from the personal property.
Section1535.Upon the end of the marriage, the liabilities for the debts subject to joint liabilities shall be divided on equal basis.
Section1536.A child born of a woman whilst she is the wife of a man or within three hundred and ten days from the day the marriage ends shall be presumed to be a legitimate child of the man who is her husband or former husband, as the case may be.
The provisions of paragraph 1 shall apply to a child born of a woman before a court gave a final judgment declaring her marriage void or within a period of three hundred and ten days from the day thereof.
Section1537.In the event that a woman remarries in a manner contravening section 1453 and she gives birth to a child within three hundred and ten days from the day of the end of the marriage, the child born of such woman shall be presumed to be a legitimate child of the man who is her new husband, and the presumption under section 1536, which states that the child is a legitimate child of the former husband, shall become inapplicable, save where a judgment of a court declares that the child is not a legitimate child of the new husband.
Section1538.In the event that a woman marries in a manner contravening section 1452 and she gives birth to a child within three hundred and ten days from the day of the marriage, the child shall be presumed to be a legitimate child of the new husband, and the presumption under section 1536, paragraph 1, which states that the child is a legitimate child of the former husband, shall become inapplicable, save where a judgment of a court declares that the child is not a legitimate child of the new husband.
Section1539.As regards the child specified in section 1536, the man who is the husband or former husband may repudiate him or her by instituting an action against both the child and the mother and proving that he did not stay with the mother of the child during the pregnancy period, that is, during the period of one hundred and eighty days to three hundred and ten days before the birth of the child, or that he cannot be the father the child for a different reason.
But if the mother of the child is no longer alive at the time of instituting the action, the action may be instituted against the child alone. If the child is no longer alive, irrespective of whether or not his or her mother is still alive, a request may be filed with the court for a declaration that the child is not a child [of the requestor]. In the event that the mother of the child or an heir of the child is still alive, the court shall serve copies of this request upon him or her also, and if the court finds it appropriate, it may serve copies of the request upon a public prosecutor for consideration, in order that the prosecutor may represent the child in proceeding with the action.
Section1540.In such an event as said in section 1539, if the man who is the husband or former husband successfully proves that the child was born during the period of less than one hundred and eighty days after the day of the marriage, he is no longer required to prove other matters in regard to the repudiation of the child.
The provisions of paragraph 1 shall be inapplicable if it appears that the man who is the husband or former husband engaged in sexual intercourse with the mother of the child during the pregnancy period under section 1539.
Section1541.The man who is the husband or former husband shall be prohibited from instituting an action for repudiation of the child according to section 1539 if it appears that, for registration of the birth, he notified the birth of the child as the father of the child or arranged for or allowed such notification.
Section1542.The man who is the husband or former husband must institute an action for repudiation of the child within one year from the day of the birth of the child. If he institutes the action after that, he must prove that he has just known of the birth of the child for a period not yet exceeding three months from the day of such knowledge. However, the action shall not be instituted upon the passage of ten years from the day of the birth of the child.
In the event that a court judgment declares that the child is not a legitimate child of the new husband according to section 1537 or section 1538, if the former husband who is presumed to be the legitimate father of the child according to section 1539 wants to institute an action for repudiation of the child, he shall institute the action within three months from the day he knows that the final judgment has been given. However, the action shall not be instituted upon the passage of ten years from the day of the birth of the child.
Section1543.In the event that the husband or former husband institutes an action for repudiation of a child and dies before the action becomes final, a person who has the right to succeed to his inheritance together with the child or a person who is to lose the right to succeed to the inheritance as a result of the birth of the child may request permission to replace or may be summoned to replace him as a substitute party.
Section1544.As regards an action for repudiation of a child, a person who has the right to succeed to an inheritance together with the child or a person who is to lose the right to succeed to an inheritance as a result of the birth of the child may institute it in the following events:
(1)the husband or former husband died prior to the passage of the time period during which he might institute the action;
(2)the child was born after the death of the husband or former husband.
In the event under (1), the action for repudiation of the child must be instituted within six months from the day of the death of the husband or former husband. In the event under (3), the action for repudiation of the child must be instituted within six months from the day of the birth of the child.
Section1545.A child may request a public prosecutor to take on an action for repudiation of the status of being a legitimate child under section 1536 of the man who is the husband of his or her mother, if he or she is not a biological child of the husband of the mother and—
(1)the husband of the mother has died or is deemed to have died after having been declared to have disappeared by a court order and, at the time that he died or is deemed to have died, he still had the right to institute a child repudiation action according to section 1542;
(2)the marriage of the husband of the mother and the mother has ended in divorce, has been annulled by a court judgment, or has been declared void by a court judgment;
(3)the husband of the mother and the mother have not cohabited as husband and wife for more than three years and are not expected to return to live together as husband and wife again; but this shall be inapplicable in the event that the husband of the mother and the mother live apart because of a court order according to section 1462;
(4)the mother has married the man of whom the child is a biological child;
(5)the husband of the mother breaches the duty of a father, thereby causing considerable injury to the child to the extent that entitles the child to repudiate the relationship as a child and father with the husband of the mother;
(6)the husband of the mother commits serious misconduct or lives a dishonourable or immoral life, which is considerable to the extent that entitles the child to repudiate the relationship as a child and father with the husband of the mother; or
(7)the husband of the mother has a serious hereditary disease and there is an appropriate reason to consider that the husband of the mother having such a serious disease would bring considerable injury to the child to the extent that entitles the child to repudiate the relationship as a child and father with the husband of the mother.
In the event under (1), (2), (4), (5), or (6), the action for repudiation of the status of being a legitimate child must be instituted within two years from the day the child knows that he or she is not a biological child of the husband of his or her mother and the child must have already learnt of the fact mentioned in (1), (2), (4), (5), or (6).
Section1546.A child born of a woman who has not married a man shall be deemed to be a legitimate child of such woman.
Section1547.A child born of a father and mother who have not married each other shall be deemed to be a legitimate child only upon subsequent marriage of the father and mother, or upon being registered as such by the father, or upon being adjudged as such by a court.
Section1548.A father may register a child as his legitimate child only when the child or mother of the child has no objection to his fatherhood. Upon such objection, the registration of the child requires a judgment of a court.
Once an authority has notified the child and the mother of the child of the request for registration, if no objection to the fatherhood of the requestor is made within sixty days from the day such notification reached the child or the mother of the child, it shall be deemed that the child or mother of the child has no objection. If the child or mother of the child is outside Thailand, such time limit shall be extended to one hundred and eighty days.
Section1549.Once the registrar has notified the child and the mother of the child of a request for registration of the child as a legitimate child according to section 1548, irrespective of whether or not the child or mother of the child would object to the request for registration according section 1548, the child or mother of the child may, within a time limit of not more than ninety days from the day the notification of the request for registration reached the child or mother of the child, notify the registrar to record that the requestor for registration is not appropriate for the exercise of the parental power in part or in whole.
Upon the notification of the child or mother of the child as said in paragraph 1, even though the registration of the child has already taken place according to section 1548, the father of the child still cannot exercise the parental power for which he is not appropriate according to the notification of the child or mother of the child, whether in part or in whole, until a court adjudges him appropriate for the exercise of the parental power, whether in part or in whole, or a time limit of ninety days from the day the child or mother of the child notified the registrar that the requestor for registration is not appropriate for the exercise of the parental power in part or in whole has passed without the child or mother of the child having requested a court to adjudge the requestor for registration inappropriate for the exercise of the parental power in part or in whole.
In the case where the court adjudges the requestor for registration inappropriate for the exercise of the parental power in part or in whole, the court may give a judgment on the same case directing any person to exercise, in part or in whole, the parental power or guardianship for administrative purposes.
Section1550.In objecting to the fatherhood of the requestor for child registration according to section 1548 or notifying the registrar to record that the requestor for child registration is not appropriate for the exercise of the parental power in part or in whole according to section 1548, the objector or notifier, if being a child aged less than fifteen years, must have obtained prior consent of the person exercising the parental power or guardian for the making of such objection or notification.
Section1551.In the event that a requestor for registration of a child meets an objection as to his fatherhood over the child, when the requestor for registration brings the case before a court with a request for a judgment declaring him the father of the child, the child or mother of the child may request the court to give a judgment on the same case declaring that the requestor for registration is not appropriate for the exercise of the parental power in part or in whole, despite being the father of the child. In this event, the provisions of paragraph 3 of section 1549 shall apply mutatis mutandis.
Section1552.In the event that a child has no mother or has one who, however, has been deprived of the parental power in part or in whole since before the registration of the child and in place of whom a court has appointed another person to exercise guardianship in part or in whole, if the requestor for registration finds that, for the benefit of the child, the requestor himself or herself should be the person exercising the parental power in part or in whole, the requestor for registration may request a court to deprive the guardian of guardianship in part or in whole and permit the requestor for registration to exercise the parental power. However, this request must be made to the court within ninety days from the day the registration was made or the day the court gave the final order granting the registration.
Section1553.In the event that adoption of a child has been registered since before a request for registration of the child is made, if the requestor for registration of the child finds that, for the benefit of the child, the requestor himself or herself should be the person existing the parental power in part or in whole, section 1552 shall apply mutatis mutandis.
Section1554.An interested person may request a court to revoke the registration of a child for the reason that the requestor for such registration is not the father, but this action must be instituted within three months from the day he or she knows of the registration. In addition, the action shall not be instituted upon the passage of ten years from the day of the registration.
Section1555.Institution of an action for legitimation of a child can take place only in the following events:
(1)when the mother was raped, carried off, or unlawfully detained or restrained during the period in which she could get pregnant;
(2)when the mother was sexually abducted or deceived into having sexual intercourse during the period in which she could get pregnant;
(3)when a document from the father shows that the child is his child;
(4)when an entry in the birth register, made at the request of the father, shows that the child is his child, or such an entry was made with the knowledge or consent of the father;
(5)when the father and mother openly cohabited during the period in which she could get pregnant;
(6)when there was sexual intercourse with the mother during the period in which she could get pregnant and there is no appropriate reason to believe that the child was fathered by another man;
(7)when there is a circumstance in which the state of being a child has been generally known all along.
The circumstance in which the state of being a child has been generally known all along shall be established by the fact which shows the relationship as a father and child found between the child and the family to which the child claims to belong, such as the fact that the father provides education or maintenance to the child or allows him or her to use his family name, or any other fact.
In any of the abovesaid events, if it appears that the man cannot be the father of the child, the action shall be dismissed.
Section1556.As regards an action for legitimation of a child during the minority of the child, if the child has not yet attained full fifteen years of age, the legal representative of the child shall institute it on his or her behalf. In the event that the child has no legal representative or has one who, however, is unable to perform the duty, a close relative of the child or a public prosecutor may request a court to appoint a representative ad litem to perform the duty of instituting the action on behalf of the child.
Once the child has attained full fifteen years of age, the child must institute the action himself or herself, in respect of which he or she is not required to obtain the consent of the legal representative.
In the event that the child has already attained majority, he or she must institute the action within one year from the day he or she attained majority.
In the event that the child dies during the time when he or she still has the right to institute an action for legitimation, his or her descendant may institute the action for his or her legitimation. If the descendant of the child has known of the cause for which the legitimation might be requested since before the day of the death of the child, he or she must institute the action within one year from the day of the death of the child. If the descendant of the child knows of the cause for which the legitimation might be requested after the death of the child, he or she must institute the action within one year from the day he or she knows of the said cause, but not later than ten years from the day of the death of the child.
The provisions of paragraph 1 and paragraph 2 shall apply mutatis mutandis to the institution of an action for legitimation of a child during the minority of his or her descendant.
Section1557.Legitimacy of the child under section 1547 takes effect—
(1)from the day of the marriage, in the event that the father and mother subsequently marry;
(2)from the day of the registration, in the event that the father registers the child as his child;
(3)from the day the final judgment is given, in the event that the status of being a child is declared by a judgment of a court; however, this cannot be invoked to the prejudice of the rights of a third party who acts in good faith, save where the status of being a child according to the judgment has already been registered.
Section1558.As regards an action for legitimation of a child of a dead person which has been instituted during the limitation period governing succession, if the court adjudges the child to be a legitimate child of the dead person, the child has the right to succeed to his or her inheritance as a statutory heir.
In the event that the inheritance has already been distributed, the provisions of this Code on unjust enrichment shall apply mutatis mutandis.
Section1559.Once registered, the status of being a child shall be irrevocable.
Section1560.A child born during a marriage subsequently annulled by a court judgment shall be deemed to be a legitimate child.
Section1561.A child has the right to use the family name of the father.
In the event that the father is not known, the child has the right to use the family name of the mother.
Section1562.No person shall institute a civil or criminal case against his or her own ascendants. But when that person or his or her close relative makes a request, a public prosecutor may take on the case.
Section1563.A child is required to maintain the father and mother.
Section1564.The father and mother are required to provide appropriate maintenance and education to a child during his or her minority.
The father and mother are required to maintain a child who has already attained majority only when he or she has infirmity and cannot earn his or her own living.
Section1565.Apart from a public prosecutor according to section 1562, the father or mother may take on an action for claiming monetary maintenance or other maintenance for a child.
Section1566.A child who has not yet attained majority must be subject to the parental power of the father and mother.
The parental power is vested in the father or mother in the following events:
(1)the father or mother has died;
(2)it is not certain whether the father or mother is still alive or has died;
(3)the father or mother has been adjudged incompetent or quasi-incompetent by a court;
(4)the father or mother has to be hospitalised because of mental infirmity;
(5)a court orders that the parental power be vested in the father or mother.
The parental power is vested in the mother in the event that the child was born out of wedlock and has not yet been legitimated according to section 1547.
Section1567.The person exercising the parental power has the right—
(1)to designate the residence of the child;
(2)to appropriately punish the child for the purposes of admonition and instruction;
(3)to require the child to work as appropriate for his or her ability and living conditions;
(4)to demand the return of the child from another person who unlawfully detains him or her.
Section1568.When any person who has a child from a previous relationship marries another person, the parental power over the child is vested in the former person.
Section1569.The person exercising the parental power is the legal representative of the child. In the event that the child has been adjudged incompetent or quasi-incompetent by a court, the person exercising the parental power is his or her custodian or curator, as the case may be.
Section1570.A notice given or received by the person exercising the parental power according to section 1566 or section 1568 shall be deemed to be a notice given or received by the child.
Section1571.The parental power covers the administration of the property of the child, which shall be carried out with such care as a person of ordinary prudence would exercise.
Section1572.Without the consent of the child, the person exercising the parental power cannot create an obligation which the child has to perform in person.
Section1573.If the child has income, such income shall be spent for his or her maintenance and education first and the remainder must be kept by the person exercising the parental power to further be delivered to the child. But if the person exercising the parental power has no sufficient income for living in a manner appropriate for his or her standing, he or she may spend such money as appropriate, save where the money accrues from the property acquired through a gratuitous gift or will with a condition which prevents the person exercising the parental power from deriving benefits from it.
Section1574.The person exercising the parental power cannot perform any of the following juristic acts in relation to the property of the minor, save where it is permitted by a court:
(1)putting on sale, exchange, sale with right of redemption, or mortgage, discharging from mortgage in favour of the mortgagor, or transferring the right of mortgage over immovable property or mortgageable movable property;
(2)creating or terminating in whole or in part a real right relating to immovable property according to this Code or other law;
(3)disposing of or creating an obligation which requires the disposal of a claim intended for creation or transfer of a real right over land, or which requires the discharge of land from the said claim;
(4)letting immovable property for more than three years or letting immovable property on hire purchase;
(5)putting to sale or exchange any immovable property which is accompanied by a register or document showing the ownership acquired by the minor through succession or through a gratuitous gift made by another person than the father or mother;
(6)providing loans;
(7)seeking benefits from property in other events than those provided in section 1598/4(1), (2), or (3);
(8)adopting a compromise;
(9)making a gratuitous gift, save a gift made out of the income of the minor on behalf of the minor for a public charity or social activity which is appropriate for the living conditions of the minor;
(10)refusing an inheritance or gratuitous gift free of conditions or charges;
(11)accepting or refusing an inheritance or gratuitous gift encumbered with conditions or charges;
(12)submitting a dispute to an arbitrator for an award;
(13)offering himself or herself as a surety or secondary surety or as a bail bond agent for an alleged offender or accused person, or offering property as security for bailing out an alleged offender or accused person, or performing a different juristic act which would result in the minor being required to pay debts of another person or on behalf of another person.
Section1575.If, in any affair, the interest of the person exercising the parental power or of his or her spouse or child conflicts with the interest of the minor, the person exercising the parental power must obtain the permission of a court before carrying out such affair, failing which it shall be void.
Section1576.The interest of the person exercising the parental power or of his or her spouse or child according to section 1575 shall include the interest in the following affairs, namely—
(1)the interest in an affair carried out with an ordinary partnership of which the said person is a partner;
(2)the interest in an affair carried out with a limited partnership of which the said person is a partner with unlimited liability.
Section1577.Any person may transfer property to a minor through a will or gratuitous gift with a condition that another person than the person exercising the parental power be its administrator until the minor attains majority. The administrator must be named by the transferor or, failing which, by a court, but the administration of the property must be subject to section 60, section 61, and section 63.
Section1578.In the event that the parental power ends because the minor attains majority, the person exercising the parental power must promptly deliver the property administered and an inventory thereof to the person of majority for confirmation. If there are documents relating to the administration of such property, they shall be delivered together with the inventory.
In the event that the parental power ends for any other reason than that which is said in paragraph 1, the property, inventory, and documents relating to the administration of such property shall be delivered to the person exercising the parental power, if any, or to the guardian, as the case may be, for confirmation.
Section1579.In the event that one of the spouses that have a child dies and the other spouse is to remarry, if that spouse has correctly taken possession of the property portioned out for the child, he or she may deliver the property to the child when the latter is capable of its administration, or may keep it for further delivery to the child when the right time comes. However, if any property falls under the category specified in section 456 or is accompanied by an evidentiary document, the name of the child shall be entered in the document as a co-owner. Before doing so, the spouse cannot remarry.
In the event that an appropriate reason is present, a court may order the said spouse to marry first. Such a court order shall also specify the time limit within which the spouse is required to divide the property and produce an inventory thereof according to paragraph 1 following the marriage.
In the event that a marriage has been entered into without compliance with paragraph 1, or in the event that a spouse fails to comply with such a court order as said in paragraph 2, when the court learns of this on its own motion or when a relative of the minor or a public prosecutor makes a request, the court has the power to deprive such spouse of the parental power or may authorise any person to, on behalf and at the expense of that spouse, produce the inventory and enter the name of the child in the document as a co-owner.
For the purposes of this section, an adoptee of both the dead spouse and living spouse shall be deemed to be a child born of them.
Section1580.Once the minor has attained majority or has been furnished with a new guardian, the minor who has attained majority or the new guardian can confirm the administration of the minor’s property only upon having accepted the delivery of the property, inventory, and documents according to section 1578.
Section1581.An action between the minor and the person exercising the parental power which deals with the administration of property shall not be instituted upon the passage of one year from the time the parental power ends.
If the parental power ends when the child is still a minor, the limitation under paragraph 1 shall start to be counted from the time the minor attains majority or is furnished with a new legal representative.
Section1582.If the person exercising the parental power becomes incompetent or quasi-incompetent because of a court order, or wrongfully exercises the parental power in relation to the person of the minor, or commits serious misconduct, a court may, either on its own motion or at the request of a relative of the minor or a public prosecutor, deprives him or her of the parental power in part or in whole.
If the person exercising the parental power becomes bankrupt or administers property of the minor in a wrongful manner to the extent likely to cause harm, the court may give an order according to the procedure under paragraph 1 for depriving him or her of the power to administer property.
Section1583.After the person exercising the parental power has been deprived of the parental power in part or in whole, if the cause stated in the previous section has ended and that person himself or herself or a relative of the minor makes a request, the court may restore him or her to the parental power as before.
Section1584.The fact that the person exercising the parental power has been deprived of the parental power in part or in whole does not discharge him or her from the duty to maintain the minor according to the law.
Section1585.A person who has not yet attained majority and has no father and mother or whose father and mother have been deprived of the parental power may be subjected to guardianship during his or her minority.
In the event that the person exercising the parental power has been deprived of the power according to section 1582, a special guardian may be appointed for administration of property.
Section1586.The guardian under section 1585 may be appointed by a will of the father or mother who died after the other or by a court at the request of a relative of the minor or a public prosecutor.
Section1587.A person who has attained majority may be appointed as a guardian, save where—
(1)he or she has been adjudged incompetent or quasi-incompetent by a court;
(2)he or she is bankrupt;
(3)he or she is not suitable for guarding the minor or property of the minor;
(4)he or she has or once had a litigation in court with the minor or the minor’s ascendant or sibling of whole or half blood;
(5)he or she has been named by the father or mother who died after the other as a person that should be prevented from guardianship.
Section1588.If an interested person or public prosecutor subsequently proves that the person appointed by the court or by a will of the father or mother is a prohibited person according to section 1587, the court shall give a judgment revoking the order appointing such person and further give an order relating to guardianship as it finds appropriate.
Revocation of an order appointing a guardian shall not affect the rights of a third party who acts in good faith, save where an order appointing a guardian prohibited by section 1587(1) is revoked, in which event the acts done by the guardian shall not bind the minor, irrespective of whether or not the third party acts in good faith.
Section1589.As regards any unmarried person who has been adjudged incompetent or quasi-incompetent by a court, irrespective of whether or not he or she has already attained majority, the father and mother shall be the custodians or curators, or if there is only the father or mother, the father or mother shall be the custodian or curator, as the case may be, save where the court gives a different order.
In the event that the court gives an order appointing as a custodian or curator another person than the person exercising the parental power, guardian, father, or mother, such order shall also result in removal of the person exercising the parental power or guardian existing at that time.
Section1590.There can be only one guardian at a time. But in the event that an appropriate reason is present, the court may appoint several guardians to act jointly or act according to the powers specifically designated for each of them.
Section1591.Guardianship begins from the day of being informed of a notice of the appointment.
Section1592.The guardian shall promptly produce an inventory of the property of the ward and finish it within three months from the day of being informed of the appointment. But, before the time limit ends, the guardian may request a court for its extension.
Section1593.The guardian shall file a copy of the inventory certified correct by him or her with the court within ten days from the day the production of the inventory was finished, and the court may order the guardian to give additional explanations or supplementary documents in order to demonstrate that the inventory is already correct.
When the court finds that the inventory is already correct, it shall notify the guardian. If the court fails to notify him or her within fifteen days from the day the inventory was filed or the day the additional explanations or supplementary documents were given, as the case may be, the inventory shall be deemed to be already correct.
Section1594.If the guardian fails to correctly and completely carry out the proceedings as to the production or filing of an inventory as provided in section 1592 or section 1593 or fails to comply with a court order given by virtue of section 1593, or the court is not satisfied with the inventory because it was produced in a seriously negligent manner or dishonest manner or the guardian is clearly seen to lack ability, the court may remove the guardian.
Section1595.Before the court accepts the inventory, the guardian shall not do anything other than that which is urgent and necessary. But the said prohibition cannot be invoked as a defence against a third party who acts in good faith and has paid remuneration.
Section1596.If there is a debt in favour of the guardian but in disfavour of the ward, or in favour of the ward but in disfavour of the guardian, the guardian shall notify the court thereof before he or she starts producing the inventory.
If the guardian knows that there is a debt in his or her own favour but in disfavour of the ward, and fails to notify the court thereof, such debt of the guardian shall end.
If the guardian knows that there is a debt in his or her own disfavour but in favour of the ward, and fails to notify the court thereof, the court may remove the guardian.
Section1597.When the court finds it appropriate, whether on its own motion or on the request of an interested person or public prosecutor, the court may order the guardian—
(1)to provide appropriate security for the administration of the property of the ward as well as for the return of such property;
(2)to make statements on the existence of the property of the ward.
Section1598.During the wardship, if the ward acquires valuable property through succession or gratuitous gift, section 1592 through section 1597 shall apply mutatis mutandis.
Section1598/1.The guardian shall produce the inventory and send it to the court once a year from the day of becoming the guardian. But once the court has received the inventory for the first year, it may order that such inventory be sent for a period longer than one year.
Section1598/2.The guardian has the same rights and duties as the person exercising the parental power under section 1564, paragraph 1, and section 1567.
Section1598/3.The guardian is the legal representative of the ward.
Section 1570, section 1571, section 1572, section 1574, section 1575, section 1576, and section 1577 shall apply mutatis mutandis to the guardian and the ward.
Section1598/4.The guardian may spend income of the ward as appropriate for the maintenance and education of the ward. The remainder, if any, shall be spent for seeking benefits in the following manners only:
(1)buying bonds of the Thai Government or bonds guaranteed by the Thai Government;
(2)offering to put immovable property of first rank on sale with right of redemption or accepting mortgage thereof; provided, however, that the amount of the price of the sale or mortgage must not exceed the market price of such immovable property;
(3)making fixed deposits with banks legally established or permitted to carry out their business in the Kingdom;
(4)making other investments as specially permitted by a court.
Section1598/5.If the ward is capable of discerning right from wrong and has not less than full fifteen years of age, the guardian shall, in so far as possible, confer with the ward before doing anything significant.
The fact that the ward has given his or her consent does not protect the guardian from liabilities.
Section1598/6.Wardship ends when the ward dies or attains majority or when the provisions of section 1589 are met.
Section1598/7.Guardianship ends when the guardian dies, becomes incompetent or quasi-incompetent, resigns, or is removed by a court order.
Resignation from guardianship is effective upon the permission of a court.
Section1598/8.If the guardian neglects a duty, is seriously negligent in duty, wrongfully exercises a power or duty, commits misconduct which shows his or her inappropriateness for the duty of trust, becomes bankrupt, or falls under the case provided in section 1588, the court shall remove the guardian.
If the guardian lacks ability for his or her duties, even though it does not constitute a breach thereof, the court, finding that the interest of the ward may be endangered, may remove the guardian.
Section1598/9.A request for removal of the guardian according to section 1598/8 may be made by the ward upon having attained not less than full fifteen years of age, or a relative of the ward, or a public prosecutor.
Section1598/10.Whilst the request for removal of the guardian is pending consideration, the court may appoint a provisional administrator to administer the property of the ward instead of the guardian.
Section1598/11.If wardship or guardianship ends, the guardian or his or her heir shall promptly deliver the administered property to the ward or his or her heir or the new guardian, and shall produce an inventory of the administered property and deliver it within a time limit of six months, and if there are documents relating to the administration of such property, they shall be delivered together with the inventory. However, a court may grant extension of the time limit when the guardian or his or her heir makes a request.
Section 1580 and section 1581 shall apply mutatis mutandis.
Section1598/12.From the day of delivery of the inventory, interest shall accrue from the amount of money the guardian or the ward needs to return to each other.
If the guardian has spent money of the ward not for the sake of the ward, he or she shall pay interest at the rate of fifteen per cent per year of such amount from the day of its spending onwards.
Section1598/13.The ward has preferential rights over all the property of the guardian for the payment of the debts due to him or her.
These preferential rights shall be placed in the sixth rank following the other ordinary preferential rights under section 253 of this Code.
Section1598/14.The guardian has no right to receive commission, save in the following events:
(1)a provision of a will grants commission to the guardian, in which event the guardian shall only receive as much commission as designated in the will;
(2)in the event that the will does not provide for commission but does not prohibit the guardian from receiving commission, the guardian may request a court to subsequently designate commission for him or her and the court may grant or refuse to grant such commission in any amount;
(3)in the event that the will does not require appointment of a guardian and does not prohibit a guardian from receiving commission, the court may, in its order appointing a guardian, designate commission for the guardian, failing which the guardian may request the court to designate it subsequently and the court may grant or refuse to grant it in any amount.
In considering about designation of commission, the court shall have regard to the circumstances, income, and living conditions of the guardian and the ward.
If the guardian or ward successfully demonstrates that the circumstances, income, or living conditions of the guardian or ward have changed after the guardian assumed duty, the court may grant, suspend, decrease, increase, or regrant commission for the guardian, as the case may be. This shall also apply in the event that a will prohibits the guardian from receiving commission.
Section1598/15.Subject to section 1598/16, in the event that a court adjudges a husband or wife incompetent and appoints the wife or husband his or her custodian, the wife or husband serving as the custodian shall have the same powers and duties as the person exercising the parental power.
Section1598/16.The spouse serving as the custodian of the spouse adjudged incompetent by a court shall be able to do the following only upon having obtained the permission of a court:
(1)disposing of, pledging, or mortgaging personal property or marital property of the other spouse;
(2)gratuitously giving away personal property or marital property of the other spouse, save where the gift is morally or socially appropriate;
(3)letting personal property or marital property of the other spouse for more than three years;
(4)creating or terminating a real right over personal property or marital property of the other spouse.
Section1598/17.In the event that a court adjudges a husband or wife incompetent and finds it inappropriate to appoint his or her spouse as the custodian, the court may appoint his or her father or mother or a third person as the custodian. In this event, the custodian shall jointly administer the marital property with the other spouse. But if there is a significant reason for which injury could be caused to the incompetent person, the court may give a different order.
However, where such an event as said in paragraph 1 occurs, the other spouse has the right to request the court to order separation of the marital property.
Section1598/18.In the event that the father and mother serve as custodians for their child who has not yet attained majority, the provisions on the powers and duties of the person exercising the parental power shall apply mutatis mutandis. But in the event that the father and mother serve as custodians for their child who has already attained majority, or in the event that another person than the father, mother, or spouse serves as custodian, the provisions on the powers and duties of the guardian shall apply mutatis mutandis.
Section1598/19.A person aged not less than thirty years may adopt another person as a child, but the former must be at least fifteen years older than the latter.
Section1598/20.In adopting a child, if the person to be adopted is aged not less than fifteen years, his or her own consent is also required.
Section1598/21.A person who has not yet attained majority may be adopted as a child only upon the consent of his or her father and and mother. In the event that either the father or mother has died or has been deprived of the parental power, the consent of the living father or mother who has the parental power is required.
If there is no person to give such consent as said in paragraph 1 or there is one who, however, is unable to express the consent or refuses to give the consent and such refusal is unreasonable and seriously adverse to the health, prosperity, or welfare of the minor, the legal representative or a public prosecutor may request a court to permit the adoption.
Section1598/22.In the event that a minor has been abandoned and is under the care of a hospital or institution certified by a public agency or local administrative organisation as having been established for the provision of care to children, or has been maintained by any person for not less than one year, the minor may be adopted upon the consent of the individual responsible for the business of the hospital or institution or of the said person and section 1598/21 shall become inapplicable.
In the event that the consent is unreasonably refused and such refusal is seriously adverse to the health, prosperity, or welfare of the minor, a public prosecutor may request a court to permit the adoption.
Section1598/23.The provisions of section 1598/22 shall also apply to the event in which the minor has not been abandoned but is maintained by the hospital or institution specified in section 1598/22 and the father and mother of the minor, if both exist, or the father or mother of the minor, if either has died or has been deprived of the parental power, have, in writing, authorised the said hospital or institution to give consent to the adoption of the minor.
Such written authorisation as said in paragraph 1 shall be irrevocable as long as the minor is maintained by the hospital or institution which provides maintenance to him or her.
Section1598/24.The person who may give consent to adoption according to section 1598/22 may adopt the minor abandoned according to such section as his or her child when a court grants permission at his or her request.
Section1598/25.If the person who is to adopt a child or is to be adopted as a child has a spouse, he or she shall obtain prior consent of such spouse, save where the spouse is unable to express the consent or has left the domicile or abode and has not been heard of in any manner for not less than one year.
Section1598/26.A minor who is an adopted child of any person cannot be an adopted child of another person at the same time, save where the minor is to be adopted by the spouse of his or her adopter.
Section1598/27.Adoption of a child shall be valid only upon registration according to the law.
Section1598/28.An adopted child has the same status as a legitimate child of the adopter, but he or she does not lose the rights and duties in the biological family. In this event, the biological father and mother shall lose the parental power from the day and time the child is adopted.
The provisions of Chapter 2 of Title 2 of this Book shall apply mutatis mutandis.
Section1598/29.Adoption of a child does not create a right to succeed to the inheritance of the adopted child as his or her statutory heir on account of such adoption.
Section1598/30.If an adopted child who has no spouse or descendant dies before the adopter, the adopter has the right to claim the return from the mass of the inheritance of the adopted child of the property he or she has given to the adopted child, only to the extent that remains after the liquidation of the mass of the inheritance is finished.
An action to exercise the claim according to paragraph 1 shall not be instituted upon the passage of one year from the time the adopter knows or should know of the death of the adopted child or upon the passage of ten years from the day of the death of the adopted child.
Section1598/31.If an adopted child has already attained majority, adoption of the child may be rescinded at any time by mutual agreement between the adopter and the adopted child.
If the adopted child has not yet attained majority, adoption of the child may be rescinded only upon the consent of the father and mother and section 1598/20 and section 1598/21 shall apply mutatis mutandis.
In the event that a minor has been adopted as a child by virtue of a court order according to section 1598/21, paragraph 2, or section 1598/22, paragraph 2, or in the event that a minor has been adopted as a child upon the consent of the individual responsible for the business of a hospital or institution or of the person providing maintenance to the child according to section 1598/22, paragraph 1, if that minor has not yet attained majority, his or her adoption may be rescinded only upon a court order given at the request of an interested person or public prosecutor.
Rescission of adoption shall be valid only upon registration according to the law.
Section1598/32.Adoption of a child shall become rescinded upon a marriage which contravenes section 1451.
Section1598/33.As regards an action for rescission of adoption―
(1)when one party commits serious misconduct, thereby causing serious disgrace to the other party, such other party may institute the action;
(2)when one party seriously defames or vilifies the other party or an ascendant of the other party, such other party may institute the action;
(3)when one party assaults the other party or an ascendant of the other party, thereby seriously endangering the body or mind of the other party or ascendant of the other party and constituting a criminal offence, such other party may institute the action;
(4)when one party fails to maintain the other party, such other party may institute the action;
(5)when one party has wilfully abandoned the other party for more than one year, such other party may institute the action;
(6)when one party has been sentenced by a final judgment to imprisonment of more than three years for an offence other than that committed through negligence, the other party may institute the action;
(7)when the adopter breaches the duty of a father or mother and, by doing so, violates or fails to comply with section 1564, section 1571, section 1573, section 1574, or section 1575, thereby causing or likely to cause serious injury to the adopted child, the adopted child may institute the action;
(8)when the adopter has been deprived of the parental power for the reason that a circumstance showed him or her no longer appropriate to be the father or mother of the adopted child, the adopted child may institute the action;
(9)when a father has a child registered as his child after having adopted the child and the father becomes the person who exercises the parental power in whole or in part over the child, the adopted child may institute the action.
Section1598/34.No action for recission of adoption of a child shall be instituted upon the passage of one year from the day the party seeking the recission knows or should know of the fact which grounds the recission or upon the passage of ten years from the occurrence of that fact.
Section1598/35.An adopted child aged less than fifteen years cannot institute an action for rescission of his or her adoption, save where he or she has obtained the consent of the person having the right to give consent to the adoption.
In any event whatsoever, a public prosecutor may institute the action on behalf of the adopted child.
Section1598/36.Rescission of adoption of a child by a judgment of a court shall take effect from the time the judgment becomes final, but this cannot be invoked to the prejudice of the rights of a third party who acts in good faith, save where it has already been registered.
Section1598/37.Upon rescission of adoption of a child, the adopted child completely returns to his or her status in the old family without prejudice to the rights acquired in good faith by a third party prior to the registration.
Section1598/38.Maintenance may be claimed between a husband and wife or between a father, mother, and child whenever the party that should receive maintenance receives no maintenance or receives maintenance which is insufficient for his or her individual conditions. The court may grant or refuse to grant this maintenance in any amount, taking into account the ability of the person who has the duty to provide it, the living conditions of the person who is to receive it, and the circumstances in the case.
Section1598/39.When an interested person demonstrates that the circumstances, income, or standing of a party have changed, the court may order modification as to maintenance, whether by revoking, decreasing, increasing, or regranting it.
In the event that the court refused to grant maintenance merely because the other party was not in a position which allowed him or her to provide maintenance at that time, if the circumstances, income, or standing of that other party have changed and the circumstances, income, or standing of the claimant deserve the provision of maintenance, the claimant may request the court to modify the order in that case anew.
Section1598/40.Maintenance shall be paid in a monetary form by means of periodical payment as designated, save where the parties agree to have it paid in a different form or by a different means. If there is no such agreement and a special reason is present, the court may, when finding it appropriate following a request from any party, designate that the maintenance be paid in a different form or by a different means, whether or not a monetary form is also included.
In the event that maintenance is claimed for a child, when a special reason is present and the court finds it appropriate for the benefit of the child, it may designate that the child be provided with maintenance by any means other than that agreed upon by the parties or other than that requested by any party, such as by sending him or her to an educational or professional institution at the expense of the party having the duty to pay maintenance.
Section1598/41.The right to receive maintenance shall be unwaivable and nontransferable and shall not be subject to legal execution.
Momratchawong Seni Pramoj
Prime Minister
Note: The reasons for promulgation of this Act are as follows: Since paragraph 2 of section 28 of the Constitution of the Kingdom of Thailand provides that men and woman are of equal rights, the provisions of the Civil and Commercial Code need be modified to be in line with the provisions of the Constitution of the Kingdom of Thailand. It is therefore necessary to enact this Act.