Translation:Civil and Commercial Code Amendment Act (No 24), 2567 BE
- Act
- General provisions
- Amendments to Book 1
- Amendments to Book 5
- Amendment to §1435: age requirement for entry into engagement
- Amendment to §1437: engagement gift; dower
- Amendment to §1439: compensation for breach of engagement
- Amendment to §1440: scope of compensation
- Amendment to §1441: death of engaged person before marriage
- Amendment to §§1442–1443: inappropriateness to marry
- Amendment to §§1445–1446: engagement-related compensation
- Amendment to §1447/1: limitation governing claim for engagement-related compensation
- Amendment to §§1448–1450: conditions for marriage
- Amendment to §§1452–1453: conditions for marriage
- Amendment to §1458: civil marriage
- Amendment to §1460: marriage under special circumstance
- Renaming of Chapter 3 of Title 1
- Amendment to §1461: spousal duties
- Amendment to §1462: spousal request for permission to live separately
- Amendment to §1463: custodian or curator for spouse adjudged incompetent or quasi-incompetent
- Renaming of Chapter 4 of Title 1
- Amendment to §1465: absence of prenuptial contract
- Amendment to §§1469–1470: spousal property
- Amendment to §1475: co-ownership over marital property
- Amendment to §1476: spousal administration of marital property
- Amendment to §1476/1: spousal administration of marital property
- Amendment to §1477: spousal right regarding lawsuits
- Amendment to §1479: form of consent
- Amendment to §1481: gift mortis causa of marital property
- Amendment to §§1482–1484/1: administration of marital property
- Amendment to §1485: spousal participation in administration of marital property
- Amendment to §§1486–1487: judicial duty to notify registrar; prohibition of spouses from seizing property of each other
- Amendment to §§1488–1489: joint debts of spouses
- Amendment to §1490: joint debts of spouses
- Amendment to §1491: separation of marital property upon bankruptcy
- Amendment to §1492: effects of marital property separation
- Amendment to §1492/1: cancellation of marital property separation
- Amendment to §1493: household expenses
- Amendment to §1498: effects of void marriage
- Amendment to §1499: effects of void marriage
- Amendment to §1504: validation of underaged marriage
- Amendment to §1508: request for marriage annulment
- Amendment to §1510: request for marriage annulment
- Amendment to §1515: validity of consensual divorce
- Amendment to §1516: grounds for divorce
- Amendment to §1517: raising of grounds for divorce
- Amendment to §1520: child custody upon divorce
- Amendment to §1522: child maintenance upon divorce
- Amendment to §1523: right to compensation upon divorce
- Amendment to §1530: provisional order during divorce trial
- Amendment to §§1532–1533: spousal property division
- Amendment to §1536: presumption of child legitimacy
- Amendment to §1537: presumption of child legitimacy
- Amendment to §1538: child born during void marriage
- Amendment to §1539: limitation for child repudiation action
- Amendment to §1541: prohibition of child repudiation action
- Amendment to §§1542–1543: institution of action for child repudiation
- Amendment to §1544: institution of action for child repudiation
- Amendment to §1545: institution of action for child repudiation
- Amendment to §1598/15: spouse serving as custodian
- Amendment to §1598/17: spouse serving as custodian
- Amendment to §1598/38: maintenance claim
- Amendments to Book 6
- Transitory provisions
- Statement of grounds
Volume 141, Number 58A
Royal Gazette
24 September 2567
Civil and Commercial Code Amendment
Act (No 24),
2567 BE
Phrabat Somdet Phra Paramenthra
Ramathipbodi Sisinthra Maha
Vajiralongkorn Phra Wachiraklao Chaoyuhua
Given on the 12th day of August 2567 BE
Being the 9th year of the present reign
Phrabat Somdet Phra Paramenthra Ramathipbodi Sisinthra Maha Vajiralongkorn Phra Wachiraklao Chaoyuhua is pleased to command that it be announced as follows:
Whereas it is appropriate to amend the Civil and Commercial Code;
Therefore, He is graciously pleased to enact, by and with the advice and consent of the National Assembly, the following Act:
Section1.This Act is called the Civil and Commercial Code Amendment Act (No 24), 2567 BE.
Section2.This Act shall come into force upon the passage of one hundred and twenty days from the day of its publication in the Royal Gazette onwards.
Section3.The text of section 43 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section43.The domicile of a married couple is the abode where the married couple lives and cohabits together as a married couple, save where either spouse has expressed an intention to have a separate domicile.”
Section4.The text of section 193/22 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section193/22.If the limitation governing a claim between spouses is to expire before or within one year from the day the marriage ended, the limitation shall not expire until completion of one year from the day the marriage ended.”
Section5.The text of section 1435 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1435.An engagement may only be entered into by two persons both of whom have already attained full eighteen years of age.”
Section6.The text of section 1437 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1437.An engagement shall only be valid when the person making the engagement delivers or transfers the property which is the engagement gift to the person accepting the engagement as evidence that the former will marry the latter.
Upon engagement, the engagement gift shall become subject to the rights of the person accepting the engagement.
Dower is the property which is given on the part of the person making the engagement to the father, mother, adopter, or guardian of the person accepting the engagement, as the case may be, in return for the person accepting the engagement agreeing to marry. If the marriage failed to take place because of a significant incident happening to the person accepting the engagement or a circumstance the part of the person accepting the engagement must be responsible for, which made it inappropriate or impossible for the person making the engagement to marry to the person accepting the engagement, the return of the dower may be claimed on the part of the person making the engagement.
If the engagement gift or dower has to be returned in accordance with this Chapter, the provisions of sections 412 through 418 of this Code, which deal with unjust enrichment, shall apply mutatis mutandis.”
Section7.The text of section 1439 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“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 the engagement contract is breached on the part of the person accepting the engagement, the engagement gift shall also be returned to the part of the person making the engagement.
Section8.The text of section 1440 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1440.Compensation may be claimed for the following:
(1)for compensating the injury to the body or reputation of the person making the engagement or person accepting the engagement;
(2)for compensating the injury arising from the appropriate expenses or debts suffered in good faith by the engaged person, the 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 property or taken other measures relating to the person’s occupation or earnings in expectation of the marriage.”
Section9.The text of section 1441 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1441.If either of the engaged persons dies prior to the marriage, the other cannot claim compensation. As regards the engagement gift or dower, it is not required to be returned by the person accepting the engagement or on the part of the person accepting the engagement to the part of the person making the engagement, whether the deceased is the person making the engagement or person accepting the engagement.”
Section10.The text of sections 1442 and 1443 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1442.In the event that a significant incident happens to the person accepting the engagement, making it inappropriate for the person making the engagement to marry the person accepting the engagement, the person making the engagement has the right to rescind the engagement contract and the person accepting the engagement shall return the engagement gift to the person making the engagement.
Section1443.In the event that a significant incident happens to the person making the engagement, making it inappropriate for the person accepting the engagement to marry the person making the engagement, the person accepting the engagement has the right to rescind the engagement contract without having to return the engagement gift to the person making the engagement.”
Section11.The text of sections 1445 and 1446 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 16), 2550 BE, shall be repealed and replaced by the following text:
“Section1445.An engaged person may claim compensation from a person who has had sexual intercourse with the other engaged person or from a person who has performed an act upon the other engaged person so as to satisfy such person’s own desire or the desire of such other engaged person when that person knew or should have known of the engagement, after having rescinded the engagement according to section 1442 or 1443, as the case may be.
Section1446.An engaged person may claim compensation from a person who has raped or attempted to rape the other engaged person when that person knew or should have known of the engagement, without having to rescind the engagement contract.”
Section12.The text of paragraph 3 of section 1447/1 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 16), 2550 BE, shall be repealed and replaced by the following text:
“The right to claim the compensation under section 1445 or[1] 1446 shall be subject to six-month limitation from the day the person making the engagement or person accepting the engagement 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.”
Section13.The text of sections 1448, 1449, and 1450 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1448.A marriage may only be entered into by two persons both of whom have already attained full eighteen years of age. But in the event where there is an appropriate reason, a court may permit them to marry prior thereto.
Section1449.No marriage can be entered by the persons either of whom is insane or has been adjudged incompetent by a court.
Section1450.A couple of persons 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.”
Section14.The text of sections 1452 and 1543 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1452.No person shall marry whilst having a spouse.
Section1453.A woman whose male spouse has died or whose marriage has ended otherwise may remarry a man 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 the practice of 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.”
Section15.The text of section 1458 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1458.A marriage may only be entered into by two persons who consent to being each other’s spouse and openly express such consent before a registrar, and the registrar shall also record such consent.”
Section16.The text of paragraph 1 of section 1460 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1460.When there is a special circumstance in which a marriage cannot be registered before a registrar because either or both of the relevant persons are under imminent danger of death or are in a state of armed conflict or war, if the two express their intention to marry each other before a person of majority present there and require that person 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 before the said person is the day of registration of their marriage before the registrar.”
Section17.The name of Chapter 3 of the Civil and Commercial Code, relationship between husbands and wives, shall be repealed and replaced by the following text:
“Chapter 3
Spousal relationship”.
Section18.The text of section 1461 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1461.A married couple must live and cohabit together as a married couple.
Spouses must support and maintain each other according to each own ability and conditions.”
Section19.The text of section 1462 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 19), 2551 BE, shall be repealed and replaced by the following text:
“Section1462.In the event that a married couple cannot live and cohabit together peacefully as a married couple, or if living together would endanger the body or mind or would seriously destroy the peace, either of the spouses who cannot live and cohabit with the other peacefully as a married couple, or who would be endangered, or whose peace would be destroyed may request a court to permit them to live apart 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.”
Section20.The text of section 1463 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1463.In the event that a court adjudges either spouse incompetent or quasi-incompetent, the other spouse 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. ”
Section21.The name of Chapter 4 of the Civil and Commercial Code, property of husbands and wives, shall be repealed and replaced by the following text:
“Chapter 4
Spousal property”.
Section22.The text of paragraph 1 of section 1465 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1465.If a married couple has not made a special contract regarding property prior to the marriage, the spousal relationship regarding such property shall be governed by the provisions of this Chapter.”
Section23.The text of sections 1469 and 1470 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1469.Any contract on property made by a couple of spouses whilst they are spouses may be rescinded by either of them at any time whilst they are still spouses or within one year from the day they cease to be spouses. 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 married couple constitutes its marital property.”
Section24.The text of section 1475 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1475.If any marital property falls under the category specified in section 456 of this Code or is accompanied by an evidentiary document, either spouse may request the entry of his name in that document as a co-owner.”
Section25.The text of section 1476 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1476.In the following events, a married couple must administer the marital property jointly or with the consent of each other:
(1)putting on sale, exchange, sale with right of redemption, hire purchase, or mortgage, discharging from mortgage, or transferring the right of mortgage over immovable property or mortgageable movable property;
(2)creating or terminating in whole or in part a servitude, right of habitation, right of superficies, usufruct, or charge on immovable property;
(3)letting immovable property for more than three years;
(4)providing loans;
(5)making a gratuitous gift, save where it suits the living conditions of the family and is for a public charity or social activity or made out of a moral obligation;
(6)adopting a compromise;
(7)submitting a dispute to an arbitrator for an award;
(8)providing property to a public officer or court as security or guarantee.
In other events than those provided in paragraph 1, either spouse can administer the marital property without having to obtain the consent of the other.”
Section26.The text of paragraph 1 of section 1476/1 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1476/1.A married couple may administer the marital property in a manner wholly or partly different from that provided in section 1476 only when it has adopted a premarital contract according to the provisions of sections 1465 and 1466, in which event the administration of the marital property shall be as specified in the premarital contract.”
Section27.The text of section 1477 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1477.Either spouse has the right to institute, defend, or proceed with an action relating to the preservation or maintenance of marital property or for the sake of marital property. As regards the debts arising from instituting, defending, or proceeding with the said action, the spouses shall be deemed to be joint debtors.”
Section28.The text of section 1479 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1479.When any act to be done by either spouse requires 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.”
Section29.The text of section 1481 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1481.Neither spouse has the power to make a will granting marital property to any person in excess of his own portion.”
Section30.The text of sections 1482, 1483, 1484, and 1484/1 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1482.In the event that either spouse has the power to solely administer the marital property, the other spouse shall still have the power to administer the household or procure things necessary for the family as appropriate for its own circumstances. The expenses thereof shall bind the marital property as well as the personal property of both spouses.
If either spouse administers the household or procures 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 either spouse has the power to solely administer the marital property, if that spouse 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 spouse who has the power to administer the marital property—
(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 for an order permitting him to be the sole administrator of the marital property or for an order granting separation of the marital property.
In the event under paragraph 1, the court may, upon a request, impose provisional measures of protection to enable the administration of the marital property as it finds appropriate, and if it is an event of emergency, the provisions of the Civil Procedure Code concerning emergency requests shall be applied.
Section1484/1.In the event that the court has given an order prohibiting or restricting the power of either spouse to administer the marital property according to section 1482, section 1483, or section 1484, if the cause thereof or the circumstances have later changed, either spouse may request the court to repeal or modify the order prohibiting or restricting the power to administer the marital property. In this event, the court may give any order as it finds appropriate.”
Section31.The text of section 1485 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1485.Either spouse may request a court to permit him to administer any specific kind of marital property or to participate in such administration, if doing so would be more beneficial.”
Section32.The text of sections 1486 and 1487 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1486.Once a court has given a final judgment or order according to the text of section 1482, paragraph 2, section 1483, section 1484, section 1484/1, or section 1485 which is in favour of the requestor, or section 1491, section 1492/1, or section 1598/17, or when either spouse has been discharged from bankruptcy, the court shall notify the registrar to record it in the marriage register.
Section1487.Whilst being spouses, neither spouse shall seize or sequester the property of the other, save where the seizure or sequestration takes place in a case instituted for the performance of a duty or preservation of a right between the spouses as specifically provided in this Code or specifically permitted by this Code to be instituted by the spouses against each other, or the seizure or sequestration is for the outstanding maintenance and costs according to a court judgment.”
Section33.The text of sections 1488 and 1489 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1488.If either spouse is personally liable for a debt created prior to or during the marriage, that debt shall be paid with his personal property first. When this is insufficient, it shall then be paid with his portion in the marital property.
Section1489.If spouses are joint debtors, the debts shall be paid with the marital property and the personal property of both of them.”
Section34.The text of section 1490 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1490.The debts to which spouses 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 circumstances;
(2)the debts relating to the marital property;
(3)the debts arising from the work jointly performed by the spouses;
(4)the debts created by either spouse for his sole benefit but confirmed by the other.”
Section35.The text of section 1491 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1491.If either spouse is adjudged bankrupt, the marital property is separated by operation of law from the day the court gives the judgment of bankruptcy.”
Section36.The text of paragraph 1 of section 1492 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1492.Upon separation of the marital property according to section 1484, paragraph 2, section 1491, or section 1598/17, paragraph 2, the separated parts shall become personal property of any spouse, and all the property subsequently acquired by either spouse shall not be deemed marital property but shall become personal property of that spouse, whilst the marital property subsequently acquired by the spouses through a will or written gift according to section 1474(2) shall equally become personal property of each of them.”
Section37.The text of section 1492/1 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1492/1.In the event that the marital property has been separated by virtue of a court order, the cancellation thereof shall be possible when either spouse makes a request to a court and the court orders the cancellation. But if the other spouse objects, the court may order the cancellation only when the cause of the separation has already ended.
When the separation of the marital property has been cancelled according to paragraph 1 or it ends because either spouse has been discharged from bankruptcy, the personal property existing on the day the court gave the order or the day of discharge from bankruptcy shall continue to be personal property as before.”
Section38.The text of section 1493 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1493.In the event that the marital property is no more, the spouses must help each other pay the expenses of the household in proportion to the amount of their respective personal property.”
Section39.The text of paragraph 1 of section 1498 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1498.A void marriage creates no relationship between the spouses in regard to property.”
Section40.The text of paragraphs 1 and 2 of section 1499 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1499.A marriage which is void because of contravening section 1449, 1450, or 1458 does not cause the person who has entered into it in good faith to lose the rights acquired on its account before a final judgment is given to declare it void.
A marriage which is void because of contravening section 1452 does not cause the person who has entered into it in good faith to lose the rights acquired on its account before he knows of the cause of its voidness. But the said void marriage does not create to any spouse the right to succeed to the inheritance of the other spouse as his statutory heir.”
Section41.The text of paragraph 2 of section 1504 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“If no court has ordered annulment of the marriage until both persons attain the age under section 1448 or, in the event that a marriage between a man and woman is concerned, 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.”
Section42.The text of paragraph 2 of section 1508 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“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 28 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 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 request for annulment of the marriage.”
Section43.The text of paragraph 2 of section 1510 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“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, in the event that a marriage between a man and woman is concerned, the woman becomes pregnant.”
Section44.The text of section 1515 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1515.When the marriage has been registered in accordance with this Code, divorce by consent shall be valid only after the spouses have it registered.”
Section45.The text of section 1516 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 16), 2550 BE, shall be repealed and replaced by the following text:
“Section1516.The grounds for instituting an action for divorce are as follows:
(1)when either spouse maintains or honours a third person as a spouse, commits adultery, or habitually has sexual intercourse with a third person, the other may institute an action for divorce;
(2)when either spouse 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 spouse of the party committing the misconduct; or
(c)to suffer excessive injury or trouble, taking into account the nature, conditions, and joint living of the spouses;
the other may institute an action for divorce;
(3)when either spouse physically or mentally assaults or tortures, or defames or vilifies, the other or his ascendants, if it is serious, the other may institute an action for divorce;
(4)when either spouse has wilfully abandoned the other for over one year, the other may institute an action for divorce;
(4/1)when either spouse has been sentenced to imprisonment by a final judgment and has been imprisoned for more than one year for an offence the causing of which the other had no part in or the commission of which the other did not consent to or connive at, and the other would suffer excessive injury or trouble if they continue to be spouses, the other may institute an action for divorce;
(4/2)when the spouses voluntarily live apart because of having been unable to peacefully live together as a married couple for more than three consecutive years, or they have lived apart as a result of a court order for more than three years, either of them may institute an action for divorce;
(5)when either spouse has been adjudged by a court to have disappeared or has left the domicile or abode for more than three years without anyone knowing exactly if he has already died or is still alive, the other may institute an action for divorce;
(6)when either spouse fails to support or maintain the other appropriately or commits an act which is seriously adverse to the spousal state, if it is considerable to the extent that causes excessive trouble to the other, taking into account the nature, conditions, and joint living of the spouses, the other may institute an action for divorce;
(7)when either spouse has been insane for more than three consecutive years and such insanity has no prospect of recovery and is considerable to the extent that it is no longer bearable to live together as spouses, the other may institute an action for divorce;
(8)when either spouse breaches a bond of good behaviour executed in writing, the other may institute an action for divorce;
(9)when either spouse 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 either spouse has a physical condition which renders him permanently incapable of sexual intercourse or incapable of performing or accepting an act of satisfying the desire of the other, the other may institute an action for divorce.”
Section46.The text of section 1517 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1517.As regards the ground for instituting an action for divorce under section 1516(1) or[1] (2), if either of the spouses, as the case may be, has consented to or connived in the act grounding the divorce, he cannot raise it for instituting a divorce action.
As regards the ground 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 on the ground that a bond has been breached in accordance with section 1516(8), if the court finds that the behaviour of the spouse which grounded the bond is trivial or is not significant for the joint peaceful living of the spouses, the court may refuse to grant the divorce.”
Section47.The text of paragraph 1 of section 1520 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1520.In the event that divorce is effected by their consent, the spouses shall adopt a written agreement as to which of them shall exercise the parental power over which child. If they have not adopted or cannot reach such an agreement, a court shall give a ruling.”
Section48.The text of paragraph 1 of section 1522 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1522.If the spouses 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.”
Section49.The text of section 1523 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 16), 2550 BE, shall be repealed and replaced by the following text:
“Section1523.Once a court has granted a divorce on the ground under section 1516(1), either spouse has the right to receive compensation from the other spouse and from the person maintained or honoured or the person grounding the divorce.
Either spouse may claim compensation from the person who sexually violated the other spouse or openly presents himself as having sexual relationship with the other spouse.
If either spouse connives with the other in committing the act under section 1516(1) or allows a third person to commit the act according to paragraph 2, that spouse shall be prohibited from claiming compensation.”
Section50.The text of section 1530 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“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, spousal maintenance, and guarding or maintenance of children.”
Section51.The text of sections 1532 and 1533 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1532.Upon divorce, the spousal property shall be divided.
However, as between the spouses—
(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 court judgment.
Section1533.Upon divorce, the marital property shall be divided in a manner which allows both spouses to receive equal portions.”
Section52.The text of paragraph 1 of section 1536 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1536.A child born of a woman whilst she is the spouse 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 spouse or former spouse, as the case may be.”
Section53.The text of section 1537 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“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 spouse, and the presumption under section 1536, which states that the child is a legitimate child of the former spouse, shall become inapplicable, save where a court judgment declares that the child is not a legitimate child of the new spouse.”
Section54.The text of paragraphs 1 and 2 of section 1538 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1538.In the event that a person has entered into a marriage in a manner contravening section 1452, a child born during such marriage shall be presumed to be a legitimate child of the man who is the spouse in the subsequent registered marriage.
In the event that a woman has entered into a marriage in a manner contravening section 1452, if there is a final judgment declaring that the child is not a legitimate child of the man who is the spouse in the subsequent registered marriage, the presumption under section 1536 shall be applied.”
Section55.The text of paragraph 1 of section 1539 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1539.In the event that a child is presumed to be a legitimate child of the man who is the spouse or former spouse according to section 1536, 1537, or 1838, such spouse or former spouse may repudiate the child by instituting an action against both the child and the mother of 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 the child for a different reason.”
Section56.The text of section 1541 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1541.The man who is the spouse or former spouse shall be prohibited from instituting an action for repudiation of the child according to section 1539 if it appears in the birth register that he himself notified the birth of the child as the father of the child or arranged for or allowed such notification.”
Section57.The text of sections 1542 and 1543 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1542.An action for repudiation of a child must be instituted by the man who is the spouse or former spouse within one year from the day he knows of the birth of the child. 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 man who is the new spouse according to section 1537 or the spouse in the subsequent marriage according to section 1538, if the man who is the spouse or former spouse and is presumed by section 1536 to be the legitimate father of the child wants to institute an action for repudiation of the child, he must institute the action within one year from the day he knows that the judgment has become final.
Section1543.In the event that the man who is the spouse or former spouse 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 his 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.”
Section58.The text of section 1544 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“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 spouse or former spouse died prior to the passage of the period of time within which he might institute the action;
(2)the child was born after the death of the spouse or former spouse.
In the event under (1), the action for repudiation of the child must be instituted within six months from the day the death of the spouse or former spouse is known. In the event under (2), the action for repudiation of the child must be instituted within six months from the day the birth of the child is known. In any event whatsoever, the action shall not be instituted upon the passage of ten years from the day of the birth of the child.”
Section59.The text of paragraphs 1 and 2 of section 1545 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1545.When a child learns of the fact that he is not a biological child of the man who is the spouse of his mother, the child may request a public prosecutor to institute an action for repudiation of the status of being a legitimate child of that man.
As regards the action under paragraph 1, if the child knows of the fact that he is not a child of the spouse of his mother before attaining majority, the public prosecutor shall not institute it upon the passage of one year from the day the child reaches majority, but if the child knows of the said fact after attaining majority, the public prosecutor shall not institute it upon the passage of one year from the day the child knows of such fact.”
Section60.The text of section 1598/15 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:
“Section1598/15.In the event that a court adjudges either spouse incompetent and the other spouse serves as his custodian, the provisions on the rights and duties of the person exercising the parental power, save the rights under section 1567(2) and (3), shall apply mutatis mutandis.”
Section61.The text of paragraph 1 of section 1598/17 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1598/17.In the event that a court adjudges either spouse incompetent and finds it inappropriate to appoint the other spouse as the custodian, the court may appoint his 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.”
Section62.The text of section 1598/38 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1598/38.Maintenance may be claimed between spouses 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 individual circumstances. 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 conditions of the person who is to receive it, and the circumstances in the case.”
Section63.The text of (3) of section 1606 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“(3)a person who, knowing that the inheritance owner has been killed intentionally, fails to report the matter in order to have the offender punished; but this shall not apply if the person has not yet attained full sixteen years of age or is an insane person incapable of discerning right from wrong, or if the killer is his spouse or direct ascendant or descendant”.
Section64.The text of (1) of section 1625 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“(1)the shares in the spousal property shall be governed by the provisions of this Code on divorce by mutual consent, which are supplemented by the provisions of sections 1637 and 1638, and must particularly be governed by sections 1513 through 1517 of this Code, but the shares so determined shall take effect from the day the marriage ends by cause of such death”.
Section65.The text of section 1628 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1628.The spouses who desert each other or live apart without lawful divorce do not lose the statutory right to succeed to each other’s inheritance.”
Section66.The Civil and Commercial Code amended by this Act shall not apply in the event that a law makes a specific provision for family or succession.
Section67.All the provisions of any law, statute, regulation, rule, ordinance, byelaw, announcement, order, or cabinet resolution which refer to husbands or wives or husbands and wives shall be deemed to also refer to spouses whose marriages are registered according to the Civil and Commercial Code amended by this Act.
The text of paragraph 1 shall not apply in the event that a provision of a law, statute, regulation, rule, ordinance, byelaw, announcement, order, or cabinet resolution otherwise states about the legal rights, duties, or status or any other matters relating to husbands or wives or husbands and wives.
Section68.The state agencies responsible for assessment of achievement according to the law on criteria for the drafting of laws and assessment of achievement of laws shall review the laws under their responsibility which deal with the legal rights, duties, or status or any other matters relating to husbands or wives, husbands and wives, or spouses, in order to support the legal rights, duties, or status or any other relevant matters in favour of the spouses under the Civil and Commercial Code amended by this Act, taking into account the suitability for their gender also.
The state agencies that conduct the reviews under paragraph 1 shall submit the results thereof, together with draft laws if any laws need to be amended, to the Cabinet within one hundred and eighty days from the day of coming into force of this Act. If it is unable to do so, the reasons therefor shall be reported to the Cabinet for its information.
Section69.The Prime Minister shall be in charge of the execution of this Act.
Srettha Thavisin
Prime Minister
Note: The grounds for promulgation of this Act are as follows: Family institutions are important units in the development of the society and the promotion of the quality of people’s lives. But the formation of families under the Civil and Commercial Code is only limited to men and women in relationship. This is not in line with the conditions of the society at present, in which persons with sexual diversity live together as families, through which they support and maintain each other and have other relations in a manner not different from married men and women. With a view to strengthening families formed by any persons without regard to their sexes, it is appropriate to amend certain provisions of the Civil and Commercial Code to support the enabling of persons with sexual diversity to enter into engagements and marriages, which would furnish them with family rights, duties, and status on a par with married men and women, save where other laws make specific provisions regarding family or succession. It is therefore necessary to enact this Act.
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:
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 |
