Translation:Act Promulgating Revised Provisions of Book 5 of the Civil and Commercial Code, 2519 BE

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Act Promulgating Revised Provisions of Book 5 of the Civil and Commercial Code, 2519 BE (1976)
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4528672Act Promulgating Revised Provisions of Book 5 of the Civil and Commercial Code, 2519 BE1976
​

Volume 93, Issue 129
Special Edition, Page 4
Royal Gazette

15 October 2519
Seal of the Royal Command
Seal of the Royal Command

Act
Promulgating Revised Provisions of
Book 5 of the Civil and Commercial Code,
2519 BE

Bhumibol Adulyadej R
Given on the 5th day of October 2519 BE
Being the 31st 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 improve the provisions of Book 5 of the Civil and Commercial Code anew;

​Therefore, He permits, by and with the advice and consent of the National Assembly, the enactment of the following Act:

Section1.This Act is called the Act Promulgating Revised Provisions of Book 5 of the Civil and Commercial Code, 2519 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 Book 5 of the Civil and Commercial Code which were promulgated by the Act Promulgating the Provisions of Book 5 of the Civil and Commercial Code, 2477 Buddhist Era, shall be repealed and replaced by the revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act, save where this Act otherwise provides.

Section4.The revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act shall not affect the provisions of section 4 and section 5 of the Act Promulgating the Provisions of Book 5 of the Civil and Commercial Code, 2477 Buddhist Era.

​Section5.The revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act shall not affect the validity of the engagements, marriages, premarital contracts, status of fathers, mothers, and children, guardianships, custodianships, or curatorships, and adoption of children which have taken place since before the day of coming into force of the revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act.

Section6.A premarital contract made before the day of coming into force of the revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act can be modified or revoked by the spouses filing the premarital contract and the agreements on its modification or revocation with the marriage registrar of the locality where the marriage was entered into, and the marriage registrar shall record in the marriage register the modification or revocation of the premarital contract and shall also annex to the marriage register the premarital contract and the agreements on its modification or revocation.

The premarital contract can only be modified or revoked upon the permission of a court according to the conditions and in the events specified in ​the revised section 1467 of the Civil and Commercial Code annexed to this Act.

Section7.The revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act shall not affect the common property administration power which any spouse has already acquired since before the day of coming into force of the revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act, but the original property of any spouse according to the old provisions of Book 5 of the Civil and Commercial Code shall be deemed to be the personal property of such spouse according to the revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act.

For the purposes of this section, if any spouse is the sole administrator of the common property, the other spouse shall be deemed to have given the consent for that spouse to administer the marital property and his or her personal property under paragraph 1 also.

In the event that any spouse wants to exercise the power of administration over the part of the personal property under paragraph 1 which belongs to him or her, if that spouse is not the administrator of the common property, he or she shall notify the other spouse and ​both spouses shall jointly arrange for the said personal property to be divided for either of them who wants to administer it, when it is of divisible nature. But if the personal property is not of divisible nature, both of them shall jointly administer it.

Section8.The revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act shall not affect the administration of the original property which has turned into personal property according to section 7, when it has already taken place since before the day of coming into force of this Act.

Section9.As for all the limitation periods or time periods which have been designated by the provisions of the Civil and Commercial Code since before the day of coming into force of the revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act, if they have not yet ended on the day of coming into force of the revised provisions of Book 5 of the Civil and Commercial Code annexed to this Act and the limitation periods or time periods newly designated are different from those originally designated, the longer ones shall apply.

Section10.The term “maintenance” in all legal provisions which refers to maintenance according to the meaning of the old ​provisions of section 1506 and section 1507 of the Civil and Commercial Code shall be replaced by the term “alimony”.

Section11.When any provision of law refers to the old Book 5 of the Civil and Commercial Code or to a provision thereof, such provision of law shall be deemed to refer to the revised Book 5 of the Civil and Commercial Code annexed to this Act or to a corresponding provision thereof, as the case may be.

Section12.The Prime Minister shall be in charge of the execution of this Act.

Countersignature
Momratchawong Seni Pramoj
Prime Minister

 This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

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:

7. The following shall not be deemed copyright works under this Act:

  1. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;
  2. the constitution and legislation;
  3. regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;
  4. judicial decisions, orders, decisions and official reports;
  5. translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

Public domainPublic domainfalsefalse

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.

Public domainPublic domainfalsefalse

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