Volume 124, Issue 53A
Royal Gazette
12 September 2550
Civil and Commercial Code Amendment
Act (No 16),
2550 BE
Bhumibol Adulyadej R
Given on the 30th day of August 2550 BE
Being the 62nd year of the present reign
Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej commands that it be announced as follows:
Whereas it is appropriate to amend the Civil and Commercial Code;
Therefore, He permits, by and with the advice and consent of the National Legislative Assembly, the enactment of the following Act:
Section1.This Act is called the Civil and Commercial Code Amendment Act (No 16), 2550 BE.
Section2.This Act shall come into force from the day following the day of its publication in the Royal Gazette onwards
Section3.The provisions of section 1445 and section 1446 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:
“Section1445.An engaged man or woman may claim compensation from the person who had sexual intercourse with the person engaged to him or her with the knowledge of the engagement, after having rescinded the engagement contract according to section 1442 or section 1443, as the case may be.
Section1446.An engaged man or woman may claim compensation from the person who raped or attempted to rape the person engaged to him or her when that person knew or should have known of the engagement, without having to rescind the engagement contract.”
Section4.The provisions of paragraph 3 of section 1447/1 of the Civil and Commercial Code, which have been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following provisions:
“The right to claim the compensation under section 1445 or[1] section 1446 shall be subject to six-month limitation from the day the engaged man or woman knew or should have known of the act of the other person which would ground a claim for the compensation and knew of the person who should pay such compensation, but it must not be exercised later than five years from the day the said act was committed by such other person.”
Section5.The provisions of (1) of section 1516 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:
“(1)the husband or wife maintains or honours another person as his or her wife or husband, commits adultery, or habitually has sexual intercourse with another person, the other may institute an action for divorce”.
Section6.The provisions of paragraph 1 of section 1523 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:
“Section1523.Once a court has granted a 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 person maintained or honoured or the person grounding the divorce.”
Section7.This Act does not affect the juristic acts, rights, duties, or liabilities according to the law which have been performed or have taken place since before the day of its coming into force.
Section8.The Minister of Justice shall be in charge of the execution of this Act.
General Surayud Chulanont
Prime Minister
Note: The reasons for promulgation of this Act are as follows: Since section 3 of the Constitution of the Kingdom of Thailand (Interim), 2549 Buddhist Era, provides protection to all the human dignity, rights, freedoms, and equality which have been protected for the Thais by the customs of the administration of Thailand under the regime of democracy with Monarch as Head [of State], but the provisions of section 1445, section 1446, section 1447/1, paragraph 3, section 1516(1), and section 1523, paragraph 3, of the Civil and Commercial Code, give rise to unfair discrimination against persons on account of their sexual differences, it is appropriate to rectify the said provisions so that they be in line with the principle of equal rights between men and women and the principle of prohibition of unfair discrimination against persons on account of their sexual differences, which have been protected according to the customs of the administration of Thailand under the regime of democracy with Monarch as Head [of State]. It is therefore necessary to enact this Act.
- ↑ Originally, “and”. (Wikisource contributor note)
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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| Translation: |
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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