22 February 2011

The Marriage Code of Thailand 
(The Civil and Commercial Code of Thailand, Book 5)
Chapter I:Betrothal, Chapter II: Conditions of Marriage and Chapter III: Relationship of Husband and Wife

Chapter I: Betrothal

Section 1435. A betrothal can be effected only when the man and woman have reached and concluded their seventeenth year or age.

The betrothal contrary to the provisions of paragraph one is void.

Section 1436. If a minor will conclude a betrothal, the consent of the following persons is required:

1. His or her parents, in case both of his or her father and mother are still alive;
2. His or her parent, in case his or her father or mother died, or is in a position or state of being unable to give consent , or is in a situation that make the minor unable to ask for such consent;
3. His or her adoptor, in case the minor is an adopted child;
4. His or her guardian, in case there is not person giving consent under (1), (2) and (3), or such person is deprived of parental power.

A betrothal completed by the minor without the said consent is voidable.

Section 1437. Betrothal is not valid until the man gives or transfers the property which is Khongman to the woman as proof that the marriage shall take place.

The Khongman shall become the property of the woman after the betrothal has taken place.

Sinsod is property given on behalf of the man to the parents, adoptor or guardian of the woman, as the case may be, in return for the woman agreeing to marry. If the marriage does not take place due to a cause related mainly from the woman or on account of any circumstances that make the woman responsible therefore and make the marriage unsuitable for the man or make the man unable to marry that woman, the man can claim the return of the Sinsod.
The provisions of Section 412 to Section 418 of this Code on undue enrichment shall apply to the return of the Khongman or Sinsod under this Chapter, mutatis mutandis.

Section 1438. Betrothal does not allow grounds for an action for compulsory performance of the marriage. An agreement to pay the penalty in case of breath of the betrothal contract is void.

Section 1439. After the betrothal has occurred, if either party commits a breach of the betrothal agreement, such party shall be liable to dispense compensation. In case the woman commits a breach of the betrothal agreement, the Khongman shall also be returned to the man.

Section 1440. Compensation may be claimed as follows:

1. For injury caused to the body or reputation of the man or woman
2. For appropriate expenses or debt incurred in good faith by the betrothed, his or her parents or a person acting in the capacity of his or her parents in preparation for the marriage;
3. For damage suffered by the man or woman by having taken appropriate measures affecting his or her property or other affairs relating to his or her occupation or earning in expectation o f the marriage.

In case where the woman is entitled to the compensation, the Court may determine that the Khongman which has become her property is the whole or a part of compensation she will receive, or the Court may order for payment of the compensation without regard to Khongman that has become the property of the woman.

Section 1441. Where one of the betrothal dies prior to the marriage, there shall be no claim for compensation. As for the Khongman or Sinsod, it need not be returned by the woman or on the part of the woman, irrespective of the death of either party.

Section 1442. In case where there is a vital event happening to the betrothed woman that causes the marriage to the woman to be unsuitable, the man is entitled to renounce the betrothal agreement and the woman shall return the Khongman to the man.

Section 1443. In case where there is a vital event happening to the betrothed  that makes the marriage to the man unsuitable, the woman is entitled to renounce the betrothal agreement and the Khongman need not be returned to the man.

Section 1444. If the ground that makes the one betrothed renounce the betrothal contract is the gross misconduct of the other taken place after the conclusion of the betrothal, the betrothed who had committed the gross misconduct shall be liable to provide compensation to the other who has exercised his or her right to renounce the betrothal contract as if the former had committed a breach of the betrothal contract.

Section 1445. A man who is betrothed to a woman may, after the betrothal contract having been renounced under the Section 1442, demand compensation from any man who has had sexual intercourse with the woman and has known or should have known of her betrothal.

Section 1446. A man who is betrothed to a woman may, without requiring him to renounce the betrothal agreement, demand compensation from any man who has had sexual intercourse or attempted to have sexual intercourse with the woman against her will, and the fact that the woman had been betrothed has been known or ought to have been known to him.

Section 1447. The Court shall determine the compensation claimed under this Chapter in light of the circumstances.
The claim under this Chapter, except the one in Section 1440(2), cannot be transferred or inherited unless such claim has been acknowledged in writing or the action for compensation has been entered by the injured person.

Section 1447/1. The prescription for the claim for compensation under Section 1439 shall be six months from the date of the breach of the betrothal contract.

The prescription for the claim for compensation under section 1444 shall be six months from the day when the commission of gross misconduct which is the cause of renunciation of the betrothal agreement is known or should have been known to the other betrothed, but not later than five years from the date of the said commission.

The prescription for the claim for compensation under Section 1445 and Section 1446 shall be six months from the day when the man betrothed knows or should have known the commission of any other man which is the cause of the claim and the person bound to provide the compensation is known, but not later than five years from the date of such commission.

Section 1447/2.  The prescription for the claim for return of the Khongman under Section 1439 shall be no earlier than six months from the date of denunciation of the betrothal agreement. 

The prescription for the claim for return of the Khongman under Section 1442 shall be no earlier than six months from the date of denunciation of the betrothal agreement.

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