Translation:Announcements, Acts, and Decrees From the Reign of Rama VIII/Tome 2/Part 30
Contents
| Sections | ||||||||
| Title | 1 | Marriages | ||||||
| Chapter | 1 | Engagements | 1435–1444 | |||||
| Chapter | 2 | Conditions for marriages | 1445–1452 | |||||
| Chapter | 3 | Relationship of husbands and wives | 1453–1457 | |||||
| Chapter | 4 | Property of husbands and wives | 1458–1487 | |||||
| Chapter | 5 | Annulment of marriages | 1488–1496 | |||||
| Chapter | 6 | Cessation of marriages | 1497–1518 | |||||
| Title | 2 | Fathers, mothers, and children | ||||||
| Chapter | 1 | Fathers and mothers | 1519–1532 | |||||
| Chapter | 2 | Rights and duties of fathers, mothers, and children |
1533–1554 | |||||
| Chapter | 3 | Guardianship | 1555–1581 | |||||
| Chapter | 4 | Adopted children | 1582–1593 | |||||
| Title | 3 | Maintenance | 1597–1598 | |||||
Section1435.An engagement may be entered into only when the man has attained full seventeen years of age and the woman has attained full fifteen years of age.
If the man or woman has not yet attained majority, the consent of the father and mother must be obtained before the engagement can be entered into. If the father or mother has died, the consent of the surviving one must be obtained.
If the man or woman lives with the father or mother, the consent of such father or mother must be obtained.
If there is a guardian, the consent of the guardian must be obtained.
Section1436.Engagement gift is the property given on the part of the man to the part of the woman as evidence and guarantee that he will marry her.
After the engaged couple has married, the engagement gift becomes subject to the rights of the woman.
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.
Section1437.No engagement shall ground a request for a court to enforce a marriage.
If there is a promise to pay a penalty upon breach of the engagement contract, such promise is void.
Section1438.Upon engagement, if any party breaches the engagement contract, that party must be liable to pay compensation.
Section1439.Such 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 expenses incurred in good faith by the engaged person or his or her father, mother, or guardian in preparation for the marriage;
(3)for compensating the damage arising from the management by the man or woman of his or her own property or business in expectation of the marriage.
In the event that the woman is the injured party, the engagement gift shall become subject to her rights, but the court may rule that such engagement gift constitutes sufficient compensation.
Section1440.If either of the engaged persons dies prior to the marriage, the other cannot claim compensation. As regards the engagement gift, if the deceased is the woman, the gift shall be returned from her part to the man's part, but if the deceased is the man, the gift is not required to be returned, save where a different contract has been made.
Section1441.If the man refuses to marry the woman he is engaged to due to a significant reason caused by the woman, the woman shall return the engagement gift to the man and the man and woman cannot claim compensation from each other.
Section1442.If the woman refuses to marry the man she is engaged to due to a significant reason caused by the man, the woman is not required to return the engagement gift and the man and woman cannot claim compensation from each other.
Section1443.The engaged man may claim compensation from another man who has sexually violated the engaged woman.
Section1444.An action for compensation according to this Chapter can only be instituted by the injured party. No heir may institute or continue it, save where it is for the compensation under section 1439(2).
The action shall not be instituted upon the passage of six months from the day the engagement contract was breached.
Section1445.A marriage may be entered into only when—
(1)the man has attained full seven years of age and the woman has attained full fifteen years of age;
(2)the man and woman are not related by blood as direct ascendants or descendants or as siblings of whole or half blood;
(3)the man or woman is not being the spouse of another person;
(4)the man and woman agree to be husband and wife;
(5)neither the man nor the woman is insane.
A mai[1] woman can remarry only when the previous marriage has ended for not less than three hundred and ten days, but this shall not apply when—
(a)she gives birth to a child during that period;
(b)she remarries her divorcee; or
(c)a court order permits the marriage.
Section1446.A person who adopts a child shall not marry the child so adopted.
Section1447.If a man or woman who has not yet attained majority is to marry, the last three paragraphs of section 1435 shall apply mutatis mutandis.
Section1448.A person who shall give consent may give it—
(1)by signing the register at the time of registration of the marriage;
(2)in writing containing the names of the persons who are to marry and the signature of the consent giver; or
(3)orally before at least two witnesses, if necessity arises.
Upon being given, the consent shall become irrevocable.
Section1449.A marriage under this Code shall be valid only upon registration.
Section1450.A marriage between Siamese subjects or between a Siamese subject and a foreigner may be made in a foreign country according to the form designated by the law of Siam or the law of that country.
Registration of the marriage under the previous paragraph may be executed by a diplomat or consul of Siam according to the form designated by the law of Siam.
Section1451.Any person whose marriage has already been registered can no longer have another marriage registered, save where he or she successfully proves that the previous marriage has been dissolved by death, divorce, or judicial annulment.
Section1452.When either or both of a man and woman are under imminent danger of death, if they express an intention to marry each other and their marriage is later registered, the marriage shall be deemed to take effect from the day of expression of the intention.
Section1453.A husband and wife are required to cohabit together as husband and wife.
A husband and wife must support and maintain each other.
Section1454.Amongst a married couple, the husband is the head. He selects the residence and gives directions regarding the provision of support and maintenance.
Section1455.If living together would endanger the health 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.
Section1456.If a wife has been carrying a profession out since before the marriage, she may continue to carry it out without having to obtain the consent of her husband.
Section1457.If a court adjudges a husband or wife incompetent or quasi-incompetent, the wife or husband becomes custodian or curator by operation of law.
When an interested person or public prosecutor makes a request and if there is a significant reason, the court may appoint a different person as custodian or curator.
Section1458.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 requires the application of a foreign law in regard to property, such provision is void.
Section1459.Nothing in a premarital contract shall have an effect upon a third party who acts in good faith.
Upon marriage, no modification shall be made to the premarital contract, save where it is permitted by a court when there is a reason.
Section1460.A premarital contract is void—
(1)if it is not made in writing signed by the spouses and at least two witnesses;
(2)if no marriage takes place after it was made.
Section1461.Any contract made between a husband and wife whilst being husband and wife may be rescinded by either of them during the time they are still husband and wife or within one year from the day they cease to be husband and wife, but it shall not affect the rights of a third party who acts in good faith.
Section1462.Other than the items set apart as personal property, the property of a husband and wife constitutes their common property.
The common property comprises the original property and the marital property.
Section1463.Original property is the property—
(1)which either spouse has had since before the marriage;
(2)which either spouse acquires through a will or gratuitous gift whilst being husband or wife, when the will or gift letter declares that it be his or her original property.
Section1464.Personal property consists of—
(1)the property which either spouse has had since before the marriage and has set apart as personal property through a premarital contract;
(2)the property for personal use suiting the standing of, or tools or appliances necessary for the carrying out of a profession by, either spouse;
(3)the property which either spouse acquires through a will or gratuitous gift whilst being husband or wife, when the will or gift letter declares that it be his or her personal property;
(4)fruits of personal property;
(5)the engagement gift.
Section1465.If original or personal property—
(1)has been sold or exchanged;
(2)has been destroyed in whole or in part but other property has been acquired as its replacement;
the property newly acquired shall substitute the old original or personal property, as the case may be.
Section1466.Marital property consists of all the property acquired by the spouses during the marriage, save the items specified by section 1463 or 1464 as original or 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.
Section1467.If any property which is included in the 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.
Section1468.The husband is the administrator of the common property, save where the premarital contract designates the wife as the administrator or designates them as joint administrators.
Section1469.The husband has the right to institute actions regarding conservation, maintenance, or any activity in the interest of the common property, and if the wife wants to institute any such action, she must obtain prior permission of the husband, save where the premarital contract otherwise designates. In addition, the debts arising from the institution of those actions must be paid out of the common property.
Section1470.Although the husband is the administrator of the common property, the wife shall remain empowered to administer the household and procure things necessary for the family as appropriate for its particular conditions. The expenses thereof shall bind the common property.
If the said action of the wife causes considerable injury, the husband may request a court to prohibit or restrict this power.
Section1471.If the husband or wife who is the administrator of the common property administers it in a manner which causes considerable injury, fails to maintain the other, becomes insolvent, or creates debts in excess of half of the common property, the other may request a court to permit him or her to become the administrator.
Section1472.When such a circumstance as said in the previous section occurs or any spouse appears to bring about ruination to the common property, the spouse having the right to make a request according to the previous section or the party to be injured may request a court to order division of the common property into portions.
Section1473.Save where the premarital contract states otherwise, the husband has the power to dispose of common property.
But the husband must obtain prior consent of the wife in the following events, namely—
(1)the original property of the wife [is concerned];
(2)any marital property acquired by the wife through a donation or will is to be transferred for remuneration;
(3)a gratuitous gift is to be made, save where the gift is morally or socially appropriate.
Section1474.If common property is accompanied by a document which contains the names of the husband and wife according to section 1467, the disposal of such common property must be done in the names of both.
Section1475.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, the other spouse may request a court for an order of permission.
Section1476.When any act to be done by a husband or wife requires the consent of the other and the law provides that the act be done in writing or registered with a competent authority, the consent must be given in writing.
Section1477.No husband or wife has the power to make a will granting common property to another person in excess of his or her own portion.
Section1478.Whilst being a husband and wife, neither of them shall seize property of the other, save for outstanding maintenance according to a court judgment.
Section1479.If a husband or wife is personally liable for a debt, the 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 common property.
Section1480.If a husband and wife are joint debtors, the debts shall be paid with the common property and the personal property of both of them.
Section1481.The debts created by a husband or wife prior to the marriage shall be paid with his or her personal property and his or her portion in the common property.
Section1482.The following debts created during the marriage shall be deemed to be joint debts:
(1)the debts which are appropriate expenses incurred in providing maintenance and medical treatment to the family and education to the children;
(2)the debts which deal with the common property;
(3)the debts which arise out of the work jointly performed by the husband and wife;
(4)the debts which are created by the husband or wife for his or her sole benefit but confirmed by the other.
Section1483.If a husband or wife was subjected to distress by a judgment of a court and the creditor did not receive full payment of the debt, the creditor may request the court to separate the portion of the debtor out of the common property in order to fulfill the judgment.
Section1484.If a husband or wife is adjudged bankrupt, the common property is separated by operation of law from the day the court gives the judgment of bankruptcy.
Section1485.After the common property has been separated for whatever cause, a court may order it to be reunited if the husband or wife makes a request.
Section1486.After items of property have been set aside as personal property by virtue of an agreement, by operation of law, or by cause of a court order, the following rules shall apply:
(1)the husband and[2] wife each have ownership over and the power to solely administer and dispose of such personal property;
if the wife permits the husband to administer her own personal property, it shall be presumed that she allows him to collect fruits from such property for use in the household;
(2)in the event that the common property is no more, the husband or wife must pay the expenses of the household in proportion to the amount of his or her personal property;
if the husband or wife is insolvent, either of them must be liable for the debts created by the other in relation to the outlays of the household.
Section1487.Upon separation of the common property, the portion separated for the husband or wife shall become his or her personal property.
Section1488.No person may allege that a marriage is void or voidable, save where it has been so adjudged by a court.
Section1489.If a marriage breaches the provision of section 1445(1), when an interested person makes a request, a court may order its annulment. But the father, mother, or guardian who has given consent to it can no longer make the request. If no court has ordered annulment of the marriage until the man and woman attain the age in accordance with such section, or when the woman becomes pregnant before attaining the age so designated, the marriage shall be deemed to have been valid since the time of the marriage.
Section1490.A marriage which breaches the provision of section 1445(2), (3), or (5) shall be deemed to be void.
Section1491.A marriage which breaches the provision of section 1445(4) shall be deemed to be void.
It shall be deemed to be voidable if the consent is defective because of mistake about identity or because of duress. When the person who gave such defective consent makes a request, a court may order its annulment.
Limitation for such an action as this shall be one year from the day the mistake is known or the opportunity to institute the action arises.
Section1492.A marriage which has already taken place cannot be revoked because the statement given to a registrar according to the provisions of section 1445, paragraph 2, is false. But a child born within three hundred and ten days from the day the wife broke up with the previous husband shall be presumed to be a child of such previous husband.
Section1493.If a man or woman who has not yet attained majority marries without the consent of the father, mother, or guardian, or by virtue of a court order, only the father, mother, or guardian may request a court to annul the marriage, save where—
(a)six months have passed from the day the marriage was known;
(b)the man or woman has already attained full twenty years of age;
(c)the woman has become pregnant.
Section1494.The fact that a marriage has been annulled shall not prejudice the rights acquired on account of such marriage by the man or woman who entered into the marriage in good faith.
If only one party entered into the marriage in good faith, such party has the right to claim compensation. If the party in good faith is the woman, she may also claim maintenance.
Section1495.The fact that a marriage has been annulled shall not prejudice the rights acquired before such annulment by a third party who acted in good faith.
Section1496.Upon annulment of a marriage, the provisions on the cessation of a marriage as a result of divorce granted by a court judgment shall be applied mutatis mutandis.
Section1497.A marriage shall cease by reason of death or divorce only.
Section1498.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.
Section1499.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.
Section1500.As regards an action for divorce, if—
(1)the wife commits adultery, the husband may institute the action;
(2)the husband or wife commits serious misconduct or physically assaults the other or an ascendant of the other to the extent of causing harm, or defames the other or an ascendant of the other in a serious manner, the other may institute the action;
(3)the husband or wife has wilfully abandoned the other for over one year, or fails to provide appropriate support or maintenance, or commits an act which is seriously adverse to the state of being husband and wife to the extent that the other is no longer able to continue the cohabitation as husband and wife, the other may institute the action;
(4)the husband or wife has been sentenced by a final judgment to imprisonment on account of theft, snatching, robbery, gang robbery, piracy, or money counterfeiting or alteration, or has been sentenced by a final judgment to imprisonment of more than three years on account of a different offence, the other may institute the action;
(5)the husband or wife has been adjudged by a court to have disappeared, the other may institute the action as long as such adjudgment is not revoked by the court;
(6)the husband or wife has been adjudged incompetent by a court on account of insanity for more than three consecutive years from the day of the adjudgment and such insanity has no possibility of recovery and is considerable to the extent that the cohabitation as husband and wife is no longer possible, the other may institute the action;
(7)the husband or wife breaches a bond of good behaviour executed in writing, the other may institute the action;
(8)when the husband or wife has contracted a serious communicable disease likely to harm the other and the disease has no possibility of recovery, the other may institute the action;
(9)the reproductive organ of the husband or wife is imperfect to the extent of permanently preventing the cohabitation as husband and wife, the other may institute the action.
Section1501.If the husband has consented to or connived at the adultery of the wife under section 1500(1), or either the husband or wife has consented to or connived at the commission of an offence under section 1500(4), he or she cannot institute an action for divorce.
Section1502.If a husband and wife divorce of their own volition, the agreement as to which of them shall have the custody which child shall be made in writing. In default of such agreement, the father shall have the custody.
If their divorce is granted 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.
Section1503.If it appears that the person having the custody according to the provisions of section 1502 behaves inappropriately or circumstances have later changed, the court has the power to change the guardian, having chief regard to the peace and benefit of the child.
Although the custody is vested in one party, the other party has the right to appropriately contact his or her own children, depending upon the circumstances.
Section1504.Upon divorce, the husband and wife shall each bear the child maintenance in the amount designated in the divorce settlement contract or in the judgment of the court.
Section1505.When a court grants a divorce by cause of adultery committed by the wife, the husband has the right to be compensated by the wife and the adulterer.
A husband may claim compensation from the person who sexually violated his wife.
If the husband consented to or connived in the commission of the adultery by or sexual violation upon the wife, the husband shall be prohibited from claiming compensation.
Section1506.If a court, in granting a divorce, rules that either party is solely at fault and the other party would suffer impoverishment due to lack of sufficient income from property or from the work he or she used to perform during the marriage, the court may order the party at fault to pay maintenance to the other party as appropriate for the standing of the latter and the ability of the former.
Section1507.Upon divorce on account of insanity suffered by one spouse, the other spouse must bear the maintenance of the insane spouse, in respect of which the previous section shall apply mutatis mutandis.
Section1508.If the spouse who receives maintenance remarries, the right to receive it shall cease.
Section1509.The right to institute an action based upon the reason under subsection (1), (2), (3), (4), or (7) of section 1500, or section 1505, shall cease upon the passage of three months from the day the claimant knew or should know of the fact which he or she may raise in the claim. However, no action shall be instituted upon the passage of two years from the day the said reason occurred.
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.
Section1510.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 common property, habitation, maintenance between the husband and wife, and the guarding or maintenance of children.
Section1511.When the marriage has been registered according to the law, divorce by mutual consent of the spouses shall take effect from the time of its registration 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.
Section1512.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.
Section1513.Upon divorce—
(1)the original property shall be returned to each spouse;
(2)if the original property of any spouse is incomplete, it shall be reimbursed by the marital property first;
(3)if no marital property is left or the entire marital property has been used for reimbursement and the original property is still incomplete, the incomplete portion of such original property shall be reimbursed out of the original property of any spouse which remains in greater amount.
Section1514.Any spouse who has disposed of his or her own original property solely for his or her own sake without the consent of the other spouse, or has wilfully caused it to be lost, shall be prohibited from receiving reimbursement out of the marital property or original property.
Section1515.If any spouse has disposed of original property solely for his or her own sake without the consent of its owner, or has wilfully caused it to be lost, the owner shall receive reimbursement out of the original property of such spouse. If he or she has no original property or it exists in an insufficient amount, reimbursement shall be made out of his or her personal property and he or she shall be prohibited from receiving reimbursement out of the marital property or original property.
Section1516.When the relationship of a husband and wife has ceased and the man has a matrimonial home on the land which belongs to the part of the woman, the man must remove such home. But if the removal would cause injury in excessive of half of the market value of the matrimonial home at the time, paragraph 1 of section 130 of this Code shall apply mutatis mutandis.
Section1517.In dividing the marital property, the man and woman shall be entitled to equal portions, save where only one of them has original property and the other has no original property, in which event the man or woman having original property shall be entitled to two thirds and the other shall be entitled to one thirds.
Section1518.As between a husband and wife, the liabilities for the debts subject to joint liabilities shall be divided in line with the portion of the marital property each of them is to receive.
Section1519.A child born of a woman whilst being the wife of a man or within three hundred and ten days from the cessation of the marriage shall be presumed to be a child of the man who is or was her husband.
Section1520.A child having the characteristics specified in the previous section may be repudiated by the man who is or was the husband by instituting an action against bot the mother and the child 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 of the child for a different reason.
Section1521.If the husband successfully proves that the child was born during the period of less than one hundred and eighty days after the marriage, he is no longer required to introduce other evidence in regard to the repudiation of the child.
But if it appears that, before the marriage, the husband had sexual intercourse with the mother of the child during the period in which she could get pregnant, it shall be presumed that the husband is the father of the child.
Section1522.No action for repudiation of a child shall be instituted upon the passage of one year from the day the husband knew or should have known of the birth of the child, nor shall it be instituted upon the passage of ten years from the day of the birth of the child.
Section1523.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)if the husband has died or has been adjudged incompetent by a court since before the passage of the time period during which he might institute the action;
(2)if it is not known whether the husband is still alive or has died or his residence cannot be found.
However, this action shall not be instituted upon the passage of three months from the day the interested person knew or should have known of the birth of the child.
Section1524.A claim of being a legitimate child can be proved by the birth register.
If nothing is found in the register, a circumstance in which the state of being a legitimate child has been generally known all the time shall suffice to be evidence.
The circumstance in which the state of being a legitimate child has been generally known all the time 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.
Section1525.A child born of a woman who has not married a man shall be deemed to be a legitimate child of such woman.
Section1526.A child born before marriage will become 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.
Section1527.A father may register a child as his legitimate child only upon the consent of the child and the mother of the child. The child or mother of the child may object to his fatherhood, in which event the registration shall require a judgment of a court.
When an authority has notified the child and the mother of the request for registration, if no objection is made within one month from the day the notification is known or should become known, the child and the mother shall be deemed to have given their consent. If the child or mother is outside Siam, such period of time shall be extended to six months.
Section1528.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 the action must be instituted within three months from the day he know of the registration. In addition, it shall not be instituted upon the passage of ten years from the day of the registration.
Section1529.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, provided that, in the latter event, written evidence made by the father is required;
(3)when a document from the father clearly shows that the child is his child;
(4)when the father and mother openly cohabited during the period in which she could get pregnant;
(5)when there is a circumstance in which the state of being a legitimate child has been generally known all along.
If it appears that the mother had sexual intercourse with another man during the pregnancy period or is generally known to be sexually promiscuous, or if the man cannot be the father of the child, the action shall be dismissed.
An action for legitimation of a child during the minority of the child may be instituted by the legal representative of the child on his or her behalf, or if the child would like to institute the action himself or herself, he or she must institute it within one year from the day he or she attains majority.
If the child has died, his or her descendant may institute an action for his or her legitimation. But the action must be instituted within one year from the day the reason for which the child may be legitimated is known or should become known. In addition, this action shall not be instituted upon the passage of ten years from the day of the death of the child.
Section1530.Legitimacy of a child takes effect—
(1)from the day of the marriage, if the father and mother subsequently marry;
(2)from the day of the registration, if the father registers the child as his child;
(3)from the day the judgment becomes final, if the status of being a child is declared by a judgment of a court; but 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.
Section1531.Once registered, the status of being a child shall be irrevocable.
Section1532.A child born during a marriage subsequently annulled shall be deemed to be a legitimate child.
Section1533.A legitimate child has the right to use a family name and to succeed to inheritances.
Section1534.No person shall institute a civil or criminal case against his or her own ascendants. But when that person makes a request, a public prosecutor may take on the case.
Section1535.A child is required to maintain the father and mother.
Section1536.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.
Section1537.A child who has not yet attained majority must be subject to the parental power of the father or mother.
The parental power is vested in the father.
Section1538.The parental power will be vested in the mother in the following events: when—
(1)the father has died;
(2)it is not certain whether the father is still alive or has died;
(3)the father has been adjudged incompetent or quasi-incompetent by a court;
(4)the father has to be hospitalised for mental infirmity;
(5)the child was born out of wedlock and has not been registered as a legitimate child by the father;
(6)a court orders that the parental power be vested in the mother.
Section1539.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.
Section1540.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.
Section1541.The person exercising the parental power is the legal representative of the child.
If a child who has not yet attained majority is adjudged incompetent or quasi-incompetent by a court, the person exercising the parental power shall be his or her custodian or curator, as the case may be.
Section1542.A notice given or received by the person exercising the parental power shall be deemed to be a notice given or received by the child.
Section1543.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.
Section1544.Without the consent of the child, the person exercising the parental power cannot create an obligation which the child has to perform in person.
Section1545.If the child has income, such income shall be spent for his or her maintenance and education first and the remainder may be spent appropriately by the person exercising the parental power.
This provision shall not apply to the income accruing 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.
Section1546.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 immovable property on sale, exchange, or mortgage;
(2)letting immovable property for more than three years;
(3)providing loans;
(4)adopting a compromise;
(5)making a gratuitous gift, save a gift made out of the income of the child on behalf of the child for a customary religious or social activity which is appropriate for the living conditions of the child;
(6)refusing an inheritance, legacy, or gratuitous gift which is free of conditions or charges;
(7)accepting or refusing an inheritance, legacy, or gratuitous gift which is encumbered with conditions or charges;
(8)submitting a dispute to an arbitrator for an award.
Section1547.If, in any affair, the interest of the person exercising the parental power 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.
Section1548.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 sections 60, 61, and 63 of this Code.
Section1549.Once the parental power has ended, the person exercising the parental power must promptly deliver the property administered and an inventory thereof to the child, and if there are documents relating to the administration of such property, they shall be delivered together with the inventory.
Section1550.A child who has attained majority shall be able to confirm the administration of his or her own property only upon having accepted the delivery of the property, inventory, and documents according to the provisions of section 1549.
Section1551.An action between a child and the person exercising the parental power which relates to the administration of property shall not be instituted upon the passage of one year from the time of the end of the parental power.
If the parental power ends when the child is still a minor, the limitation under the provision of the previous paragraph shall start to be counted from the time the child attains majority or has a new legal representative.
Section1552.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 child, 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 child 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.
Section1553.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 child makes a request, the court may restore him or her to the parental power as before.
Section1554.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 child according to the law.
Section1555.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 1552, a special guardian may be appointed for administration of property.
Section1556.The guardian under section 1555 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.
Section1557.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 of serious misconduct and 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 a close relative of the minor;
(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.
Section1558.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 or mother shall become the custodian or curator, as the case may be, save where the court gives a different order.
Section1559.There can be only one guardian at a time. But in a special event, the court may appoint several guardians to act jointly or act according to the powers specifically designated for each of them.
Section1560.Guardianship begins from the day of being informed of a notice of the appointment.
Section1561.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.
Such inventory must be produced in the presence of at lest two witnesses, who must be close relatives of the ward. If a close relative cannot be found, a different person may be requested to serve as a witness.
Section1562.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.
If the guardian fails to produce the inventory within the time and according to the form designated, or the court is not satisfied with the inventory because of serious negligence, or dishonesty, or obvious lack of ability of the guardian, the court may remove the guardian.
Section1563.Before the court accepts the inventory, the guardian shall not do anything other than that which is urgent and necessary. However, this cannot be invoked as a defence against a third party who acts in good faith.
Section1564.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.
Section1565.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.
Section1566.During the wardship, if the ward acquires valuable property through succession or gratuitous gift, section 1561 through section 1565 shall apply mutatis mutandis.
Section1567.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 an inventory be sent for a period longer than one year.
Section1568.The guardian has the same rights and duties as the person exercising the parental power under section 1536, paragraph 1, and section 1539.
Section1569.The guardian is the legal representative of the ward.
Sections 1542, 1543, 1544, 1546, 1547, and 1548 shall apply mutatis mutandis to the guardian and the ward.
Section1570.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 Siamese Government;
(2)accepting mortgage of immovable property of first rank; provided, however, that the amount of the price of the mortgage must not exceed the market price of such immovable property;
(3)making fixed deposits with banks permitted by the Siamese Government to carry out their business in the Kingdom;
(4)making deposits with the Siamese Government Savings Treasury;
(5)making other investments which may be specially permitted by a court.
Section1571.If the ward is capable of discerning right from wrong and has attained not less than 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.
Section1572.Wardship ends when the ward dies or attains majority.
Section1573.Guardianship ends when the guardian dies, becomes incompetent or quasi-incompetent, resigns, or is removed by a court order.
Section1574.If the guardian neglects a duty, is seriously negligent in duty, wrongfully executes a duty, commits misconduct which shows his or her inappropriateness for the duty of trust, or becomes bankrupt, the court shall remove the guardian.
If the guardian lacks ability for his or her duties, even though he has not committed any fault, the court, finding that the interest of the ward may be endangered, may remove the guardian.
Section1575.A request for removal of the guardian may be made by the ward upon having attained not less than fifteen years of age, or a relative of the ward, or a public prosecutor.
Section1576.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.
Section1577.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 two 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.
Sections 1550 and 1551 shall apply mutatis mutandis.
Section1578.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 upon such amount of money from the day of its spending onwards.
Section1579.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.
Section1580.The guardian has no right to receive commission, save where his or her appointment or a court order provides for it after taking into account the income and subsistence of the guardian and the ward.
Section1581.If a court has adjudged any other person than that under section 1457 or 1541 incompetent and a custodian has been appointed for him or her, the provisions on guardianship shall apply mutatis mutandis.
Section1582.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.
Section1583.If the person to be adopted as a child has not yet attained majority, his or her adoption shall be possible only upon the consent of his or her father and mother. If he or she has no father and mother, the consent may be given by the legal representative.
If the person to be adopted as a child is aged not less than fifteen years, his or her own consent is also required.
Section1584.If the person who is to adopt a child or is to be adopted as a child has a spouse, he or she must obtain prior consent of such spouse, save where the spouse is insane or has disappeared for not less than one year.
Section1585.Adoption of a child shall be valid only upon registration according to the law.
Section1586.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.
Section1587.Adoption of a child does not create a right to succeed to the inheritance of the adopted child.
If an adopted child who has no spouse or descendant dies prior to the adopter, all the property given to the adopted child by the adopter and still remaining in the original form at the time of the death of the adopted child shall return to the adopter.
Section1588.Adoption of the child may be rescinded at any time by mutual agreement between the parties, and sections 1583, 1584, and 1585 shall apply mutatis mutandis.
Section1589.As regards an action for rescission of adoption, when―
(1)one party commits serious misconduct or seriously defames the other party or an ascendant of the other party, such other party may institute the action;
(2)one party fails to maintain the other party, such other party may institute the action;
(3)one party has wilfully abandoned the other party for more than one year, such other party may institute the action;
(4)one party has been sentenced to imprisonment of more than three years, the other party may institute the action;
(5)the adopter gravely breaches the duty of a father or mother according to section 1536, 1543, 1545, 1546, or[3] 1547, the adopted child may institute the action.
Section1590.No action for recission of adoption of a child shall be instituted upon the passage of one year from the day the alleging party knows or should know of the fact which grounds the recission or upon the passage of ten years from the occurrence of that fact.
Section1591.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.
Section1592.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.
Section1593.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 previously acquired in good faith by a third party.
Section1594.A person who has the right to claim maintenance must be one destitute of property and unable to earn his or her own living.
In designating the maintenance, regard shall be had to the circumstances of the case as well as the income and standing of the parties.
Section1595.No person is required to maintain another person when he or she has other obligations which prevent him or her from providing maintenance without jeopardising his or her own maintenance appropriate for his or her standing.
Section1596.When an interested person successfully demonstrates that the circumstances, income, or standing of a party have changed, the court may order revocation, decrease, increase, or regrant of maintenance, as the case may be.
Section1597.Maintenance shall be paid periodically in a monetary form as designated. But if there is a special reason, an agreement may be adopted or a request may be made to a court to have it paid otherwise.
Section1598.The right to receive maintenance cannot be waived, seized, or transferred.
(Royal Gazette, volume 52, dated 29 May,[4] page 474)
- ↑ The Thai term mai (Thai: ม่าย) means having lost one’s spouse by death or divorce and having not yet remarried. (Wikisource contributor note)
- ↑ Originally, “or”. (Wikisource contributor note)
- ↑ Originally, “and”. (Wikisource contributor note)
- ↑ 29 May 2478 BE (1935 CE). (Wikisource contributor note)