Translation:Civil and Commercial Code Amendment Act (No 10), 2533 BE

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Civil and Commercial Code Amendment Act (No 10), 2533 BE (1990)
National Assembly of Thailand, translated from Thai by Wikisource
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4528671Civil and Commercial Code Amendment Act (No 10), 2533 BE1990National Assembly of Thailand
Table of contents 
Act
General provisions
  1. Title
  2. Commencement
Engagements and marriages
Spousal property
Marriage invalidation
Child legitimacy
Child custody
  1. Amendment to §1566: exercise of parental power over minor child
  2. Insertion of §1569/1: custody of incompetent or quasi-incompetent person
  3. Amendment to §1574: restriction of parental power
  4. Amendment to §1580: confirmation of administration of minor’s property
  5. Insertion of §1584/1: right to contact one’s own children
  6. Amendment to §1585: partial deprivation of parental power
  7. Amendment to §1586: appointment of guardian under §1585
  8. Amendment to §1587: person prohibited from being guardian
  9. Amendment to §1588: removal of guardian due to prohibition under §1587
  10. Repeal of §1589: custody of unmarried minor
  11. Amendment to §§1590–1592: number of guardian; commencement of guardianship; duty of guardian to produce inventory
  12. Amendment to §1593: judicial acceptance of inventory
  13. Amendment to §§1598/6–1598/8: end of wardship and guardianship; grounds for removal of guardian
  14. Amendment to §§1598/15–1598/16: spouse serving as custodian
  15. Amendment to §§1598/18–1598/19: parents serving as custodians
Child adoption
Transitory provisions
Statement of grounds
​

Volume 107, Issue 187
Special Edition, Page 1
Royal Gazette

26 September 2533
Seal of the Royal Command
Seal of the Royal Command

Civil and Commercial Code Amendment
Act (No 10),
2533 BE

Bhumibol Adulyadej R
Given on the 8th day of September 2533 BE
Being the 45th 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 Book 5 of the Civil and Commercial Code;

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 Civil and Commercial Code Amendment Act (No 10), 2533 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 1436 and section 1437 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1436.A minor may enter into an engagement only upon the consent of the following persons:

(1)the father and mother, in the event that both the father and mother exist;

(2)the father or mother, in the event that the mother or father has died, or has been deprived of the parental power, or is not in a state or condition which allows him or her to give consent, or the circumstances prevent the minor from requesting his or her consent;

(3)the adopter, in the event that the minor is an adopted child;

(4)the guardian, in the event that there is no person to give consent according to (1), (2), or (3), or the said person has been deprived of the parental power.

An engagement entered into by a minor without the said consent is void.

Section1437.An engagement shall be valid when the property which constitutes the engagement gift has been delivered or transferred on the part of the man to the woman as evidence that he will marry her.

​Upon engagement, the engagement gift shall become subject to the rights of the woman.

Bride price is the property which is given on the part of the man to the part of the woman’s father, mother, adopter, or guardian, as the case may be, in return for the woman agreeing to marry. If the marriage failed to take place because of a significant incident happening to the woman or a circumstance the part of the woman must be responsible for, which made it inappropriate or impossible for the man to marry to woman, the part of the man may claim the return of the bride price.

If the engagement gift or bride price has to be returned in accordance with this Chapter, the provisions of section 412 through section 418 of this Code, which deal with unjust enrichment, shall apply mutatis mutandis.”

Section4.The provisions of section 1439 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“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 woman, the engagement gift shall also be returned to the part of the man.”

Section5.The provisions of section 1441 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1441.If either of the engaged persons dies prior to the marriage, the other cannot claim compensation. As regards the engagement gift or bride price, irrespective of whether the dead person is the man or the woman, the woman or her part is not required to return it to the part of the man.”

Section6.The provisions of section 1447 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

​

“Section1447.As regards the compensation payable according to this Chapter, the court shall decide it as appropriate for the circumstances.

The right to claim the compensation under this Chapter, save that under section 1440(2), shall be nontransferable and shall not devolve upon heirs, save where the right has been recognised in writing or the injured person has already initiated an action by virtue of such right.”

Section7.The following provisions shall be inserted in the Civil and Commercial Code as section 1447/1 and section 1447/2:

“Section1447/1.The right to claim the compensation under section 1439 shall be subject to six-month limitation from the day the engagement contract was breached.

The right to claim the compensation under section 1444 shall be subject to six-month limitation from the day the serious misconduct grounding the rescission of the engagement contract was known or should have been known, but it must not be exercised later than five years from the day the said misconduct was committed.

The right to claim the compensation under section 1445 or section 1446 shall be subject to six-month limitation from the day the engaged man knew or should have known of the act of the other man which grounds his claim as well as the person who ought to pay him the compensation, but it must not be exercised later than five years from the day the said act was committed by such other man.

Section1447/2.The right to claim the return of the engagement gift according to section 1439 shall be subject to six-month limitation from the day the engagement contract was breached.

​The right to claim the return of the engagement gift according to section 1442 shall be subject to six-month limitation from the day the engagement contract was rescinded.”

Section8.The provisions of section 1464 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1464.In the event that either spouse has become insane, irrespective of whether or not he or she has been adjudged incompetent by a court, and the other spouse fails to appropriately maintain him or her according to section 1461, paragraph 2, or performs or refrains from any act, thereby placing him or her in the state of being likely to suffer danger to the body or mind or the state of being likely to suffer considerable injury to property, the person specified in section 29 or the custodian may institute an action against such other spouse so as to claim maintenance for the insane spouse or request the court for any order for protection of the insane spouse.

In the event that a claim is made for maintenance according to paragraph 1, if the court has not yet adjudged the insane spouse incompetent, a request shall be made to the court in the same case for its order adjudging the insane person incompetent together with a request for appointing the requestor himself or herself or another person founded appropriate by the court as the custodian, or if the court has already adjudged the insane spouse incompetent, a request may be made for removal of the existing custodian and appointment of a new custodian.

​In the event that a request is made to the court for any order for protection of the insane spouse without any claim for maintenance also, a request for a court order adjudging the insane spouse incompetent or changing the custodian may be dispensed with. But if the court finds that the measures of protection according to the request require the appointment or change of the custodian, the court shall order the matter to be dealt with in a similar way to that provided in paragraph 2 and shall then give an order for protection as it finds appropriate.”

Section9.The following provisions shall be inserted in the Civil and Commercial Code as section 1464/1:

“Section1464/1.Whilst the action under section 1464 is pending trial, the court may, upon a request, impose provisional measures as to the provision of maintenance or protection to the insane spouse 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.”

Section10.The provisions of section 1476 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1476.In the following events, the husband and wife 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, the husband or wife can administer the marital property without having to obtain the consent of the other.”

Section11.The following provisions shall be inserted in the Civil and Commercial Code as section 1476/1:

“Section1476/1.The husband and wife may administer the marital property in a manner wholly or partly different from that provided in section 1476 only when they have adopted a premarital contract according to the provisions of section 1465 and section 1466, in which event the administration of the marital property shall be as specified in the premarital contract.

​In the event that the premarital contract on the administration of marital property only covers certain parts of section 1476, the administration of the marital property in other cases than those specified in the premarital contract shall be governed by section 1476.”

Section12.The provisions of section 1477 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1477.Either the husband or wife 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 husband and wife shall be deemed to be joint debtors.”

Section13.The provisions of section 1480 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1480.In administering the marital property which requires mutual action or requires the consent of the other spouse according to section 1476, if one spouse has performed a juristic act alone or without the consent of the other spouse, the other spouse may institute an action in court for revocation of such juristic act, save where he or she has already confirmed it or a third party acted in good faith and paid remuneration at the time of its performance.

Institution of an action in court for revocation of the juristic act under paragraph 1 shall not take place upon the passage of one year from the day of knowing the ground for the revocation or ten years from the day of performing the juristic act in question.”

​Section14.The provisions of section 1482, section 1483, and section 1484 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1482.In the event that the husband or wife 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 his or her individual conditions. The expenses thereof shall bind the marital property as well as the personal property of both spouses.

If the husband or wife 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 the husband or wife has the power to solely administer the marital property, if the husband or wife 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 husband or wife 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 or her 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.”

Section15.The following provisions shall be inserted in the Civil and Commercial Code as section 1484/1:

“Section1484/1.In the event that the court has given an order prohibiting or restricting the power of the husband or wife to administer the marital property according to section 1482, section 1483, or section 1484, if the cause thereof or the circumstances have later changed, the husband or wife 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.”

Section16.The provisions of section 1486 and section 1487 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1486.Once a court has given a final judgment or order ​according to the provisions 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 the husband or wife has been discharged from bankruptcy, the court shall notify the registrar to record it in the marriage register.

Section1487.Whilst being a husband and wife, neither of them shall seize or attach property of the other, save when it is the seizure or attachment of property in an action between the husband and wife for the performance of a duty or preservation of a right as specifically provided in this Code or as specifically permitted by this Code to be instituted by the husband and wife against each other, or it is the seizure or attachment of property for the outstanding maintenance and costs according to a judgment of a court.”

Section17.The provisions of (1) of section 1490 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“(1)the debts relating to the management of the household and procurement of things necessary for the family, the provision of maintenance and medical treatment to members of the family, and the education of children as appropriate for their individual conditions”.

Section18.The provisions of section 1492 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“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 the husband or wife, and all the property subsequently acquired by either of them 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.

Fruits of the personal property acquired following the separation of the marital property shall become personal property.”

Section19.The following provisions shall be inserted in the Civil and Commercial Code as section 1492/1:

“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 the husband or wife makes a request to a court and the court orders the cancellation. But if the wife or husband 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 the husband or wife has been discharged from bankruptcy, the personal property existing on the day the court gave the order or the day he or she was discharged from bankruptcy shall continue to be personal property as before.”

Section20.The provisions of section 1495, section 1496, and section 1497 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

​

“Section1495.A marriage which contravenes section 1449, section 1450, section 1452, or[1] section 1458 is void.

Section1496.Only a court judgment can declare a marriage which contravenes section 1449, section 1450, or[1] section 1458 void.

A spouse or the father, mother, or descendant of a spouse may request a court to adjudge the marriage void. In default of the said person, an interested person may request a public prosecutor to make such a request to a court.

Section1497.When a marriage is void because of contravening section 1452, any interested person may raise it or make a request in court in order that it be adjudged void.”

Section21.The following provisions shall be inserted in the Civil and Commercial Code as section 1497/1:

“Section1497/1.In the event that a court has given a final judgment declaring any marriage void, the court shall notify the registrar to record the voidness in the marriage register.”

Section22.The provisions of section 1498 and section 1499 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1498.A void marriage creates no relationship between the husband and wife in regard to property.

In the event that a marriage is void, the property owned or acquired by either spouse, ​whether before or after the marriage, as well as its fruits, shall remain belonging to that spouse. All the property jointly acquired shall be divided by half, save where the court finds it appropriate to order otherwise, taking into account both spouses’ burdens in the family, burdens in the earning of living, and standing, as well as all other circumstances.

Section1499.A marriage which is void because of contravening section 1449, section 1450, or section 1458 does not cause the man or woman 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 man or woman who has entered into it in good faith to lose the rights acquired on its account before he or she 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 or her statutory heir.

As regards a marriage which is void because of contravening section 1449, section 1450, or section 1458, or contravening section 1452, if any spouse has entered into it in good faith, such spouse has the right to claim compensation, and if the void marriage causes the spouse who has entered to it in good faith to suffer impoverishment because of lacking sufficient income from property or from the work he or she used to perform before the final judgment is given or before he or she realises that his or her marriage is void, as the case may be, that spouse has the right to claim alimony also. As regards the right to claim alimony ​in this event, section 1526, paragraph 1, and section 1528 shall apply mutatis mutandis.

The right to claim the compensation or alimony under paragraph 3 shall be subject to two-year limitation from the day the final judgment is given, in the event that the marriage is void because of contravening section 1449, section 1450, or section 1458, or from the day the cause of the voidness of the marriage is known, in the event that the marriage is void because of contravening section 1452.”

Section23.The following provisions shall be inserted in the Civil and Commercial Code as section 1499/1:

“Section1499/1.In the event that a marriage is void, the agreement between the spouses as to which of them shall exercise the parental power over which child or which or both of them shall pay maintenance for which child in what amount shall be made in writing. If the agreement cannot be reached, a court shall give a ruling. In considering and ruling upon the matter, if the court finds that there is a reason to deprive the spouses of the parental power per section 1582, the court may deprive them of the parental power and order a third party to serve as a guardian, having chief regard to the peace and benefit of the children, and the provisions of section 1521 shall be applied mutatis mutandis.”

Section24.The provisions of section 1500 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1500.A void marriage does not affect ​the rights acquired by a third party in good faith before the voidness is recorded in the marriage register according to section 1497/1.”

Section25.The following provisions shall be inserted in section 1516 of the Civil and Commercial Code as (4/1) and (4/2):

“(4/1)when the husband or wife 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 husband and wife, the other may institute an action for divorce;

(4/2)when the husband and wife voluntarily live apart because of having been unable to peacefully live together as husband and wife 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”.

Section26.The provisions of (5) of section 1516 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“(5)when the husband or wife 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 or she has already died or is still alive, the other may institute an action for divorce”.

Section27.The provisions of section 1520 and section 1521 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

​

“Section1520.In the event that divorce is effected by their consent, the husband and wife 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.

In the event that divorce is effected by a judgment, the court trying the action for divorce shall also rule as to which of the spouses shall exercise the parental power over which child. In considering and ruling upon the matter, if the court finds that there is a reason to deprive the spouses of the parental power per section 1582, the court may deprive them of the parental power and order a third party to serve as a guardian, having chief regard to the peace and benefit of the children.

Section1521.If it appears that the person exercising the parental power or guardian under section 1520 behaves inappropriately or the circumstances have later changed, the court has the power to change the person exercising the parental power or guardian, having chief regard to the peace and benefit of the children.”

Section28.The provisions of section 1538 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1538.In the event that a man or woman 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 husband 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 husband in the subsequent registered marriage, the presumption under section 1536 shall be applied.

The provisions of paragraph 1 shall also apply to a child born during three hundred and ten days from the day the final judgment declaring the marriage void on account of contravening section 1452 is given.”

Section29.The provisions of paragraph 1 of section 1539 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“In the event that a child is presumed to be a legitimate child of the husband or former husband according to section 1536, section 1537, or section 1838, the husband or former husband 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.”

Section30.Section 1540 of the Civil and Commercial Code shall be repealed.

Section31.The provisions of section 1542, section 1543, section 1544, and section 1545 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1542.An action for repudiation of a child ​must be instituted by the husband or former husband 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 new husband according to section 1537 or the husband in the subsequent marriage according to section 1538, if the husband or former husband who 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 a husband or former husband 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.

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 husband or former husband 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 husband or former husband.

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 husband or former husband 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.

Section 1539 shall apply mutatis mutandis to the institution of the child repudiation action under paragraph 1.

Section1545.When a child learns of the fact that he or she is not a biological child of the man who is the husband of his or her 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 or she is not a child of the husband of the 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.

In any event whatsoever, the action for repudiation of the status of being a legitimate child shall not be instituted upon the passage of ten years from the day the child attains majority.”

Section32.The provisions of section 1548 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1548.A father may register a child as his legitimate child only upon the consent of the child and the mother of the child.

​In the event that the child and the mother of the child are not present before a registrar for the giving of consent, the registrar shall notify them of the request of the father. If the child and the mother of the child give no objection or no consent within sixty days from the time the notification reaches the child or the mother of the child, it shall be presumed that the child or the mother of the child refuses to give consent. If the child or the mother of the child is outside Thailand, such time limit shall be extended to one hundred and eighty days.

In the event that the child or the mother of the child objects to the fatherhood of the requestor, or refuses to give consent, or is unable to give consent, the registration of the child shall require a judgment of a court.

Once a court has given a judgment permitting the father to register the child as his child and the father has produced the judgment before a registrar for registration, the registrar shall carry out the registration for him.”

Section33.Section 1550 of the Civil and Commercial Code shall be repealed.

Section34.The provisions of section 1552 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1552.In the event that a child has no mother or the mother has been deprived of the parental power in part or in whole and a court has appointed a different person to exercise guardianship in part or in whole since before the registration of the child, the father who has registered the child as his legitimate child may request a court to deprive the guardian of the guardianship in part or ​or in whole and permit the father to exercise the parental power. If the court finds that, for the peace and benefit of the child, the father may exercise the parental power better than the guardian, the court may give an order depriving the guardian of the guardianship in part or in whole and permitting the father to exercise the parental power.”

Section35.Section 1553 of the Civil and Commercial Code shall be repealed.

Section36.The provisions of (4) of section 1555 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“(4)when an entry in the birth register, made upon the notification of or with the knowledge or consent of the father according to evidence, shows that the child is his child”.

Section37.The provisions of (6) of section 1555 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“(6)when there was sexual intercourse with the mother during the period in which she could get pregnant and there is an appropriate reason to believe that the child was not fathered by another man”.

Section38.The provisions of section 1566 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1566.A child who has not yet attained majority must be subject to the parental power of the father and mother.

The parental power is vested in the father or mother in the following events:

​(1)the mother or father has died;

(2)it is not certain whether the mother or father is still alive or has died;

(3)the mother or father has been adjudged incompetent or quasi-incompetent by a court;

(4)the father or mother has to be hospitalised because of mental infirmity;

(5)a court orders that the parental power be vested in the father or mother;

(6)the father and mother adopt an agreement when the law provides that they may adopt such an agreement.”

Section39.The following provisions shall be inserted in the Civil and Commercial Code as section 1569/1:

“Section1569/1.In the event that a minor has been adjudged incompetent by a court and the court has given an order appointing as his or her custodian another person than the person exercising the parental power or guardian, such order shall result in removal of the person exercising the parental power or guardian existing at that time.

In the event that a spouseless person who has attained majority has been adjudged incompetent or quasi-incompetent by a court, both or either of the father and mother shall become his or her custodians or curators, as the case may be, save where the court gives a different order.”

​Section40.The provisions of section 1574 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1574.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 on sale, exchange, or sale with right of redemption, letting on hire purchase, mortgaging, discharging from mortgage, or transferring the right of mortgage over immovable property or mortgageable movable property;

(2)bringing to an end in whole or in part a real right of the minor which relates to immovable property;

(3)creating a servitude, right of habitation, right of superficies, usufruct, charge on immovable property, or any other real right over immovable property;

(4)disposing of in whole or in part a claim for a real right over immovable property or mortgageable movable property or a claim for discharge of any such property of the minor from a real right existing over it;

(5)letting immovable property for more than three years;

(6)creating any obligation intended to bring about the effect under (1), (2), or (3);

(7)providing loans;

​(8)making a gratuitous gift, save where it is to be made out of the income of the minor on behalf of the minor for a public charity or social activity or as a result of a moral obligation and it is appropriate for the living conditions of the minor;

(9)accepting a gratuitous gift subject to conditions or charges, or refusing a gratuitous gift;

(10)offering any guarantee which would result in a debt being enforced against the minor, or performing a different juristic act which would result in the minor being required to pay a debt of another person or on behalf of another person;

(11)seeking benefits from property in other events than those provided in section 1598/4(1), (2), or (3);

(12)adopting a compromise;

(13)submitting a dispute to an arbitrator for an award.”

Section41.The provisions of section 1580 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1580.Once the minor has attained majority, the person exercising the parental power or guardian may confirm the administration of the minor’s property only after he or she has accepted the delivery of the inventory and documents under 1578.”

Section42.The following provisions shall be inserted in the Civil and Commercial Code as section 1584/1:

“Section1584/1.The father or mother has the right to ​contact his or her own children as appropriate for the circumstances, irrespective of who the person exercising the parental power or guardian is.”

Section43.The provisions of paragraph 2 of section 1585 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“In the event that the person exercising the parental power has been deprived of the parental power in part according to section 1582, paragraph 1, the court may appoint a guardian for the part about which the person exercising the parental power has been deprived of the parental power, or in the event that the person exercising the parental power has been deprived of the power to administer property according to section 1582, paragraph 2, the court may appoint a guardian for the administration of property.”

Section44.The provisions of section 1586 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1586.The guardian under section 1585 shall be appointed by a court order at the request of a relative of the minor, a public prosecutor, or a person named in a will as the guardian by the father or mother who died after the other.

Subject to section 1590, if there is a provision of a will regarding the appointment of the guardian, the court shall appoint the guardian in accordance with the provision of the will, save where the will has no effect or the person named in the will is prohibited by section 1587 from being a guardian.”

Section45.The provisions of (5) of section 1587 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

​

“(5)he or she has been named in writing by the deceased father or mother as a person who should be prevented from guardianship”.

Section46.The provisions of section 1588 of the Civil and Commercial Code shall be repealed and replaced by the following:

“Section1588.If a person appointed by a court as guardian appears to be a prohibited person according to section 1587 at the time of his or her appointment by the court as guardian, the court shall, when it learns of this on its own motion or when an interested person or public prosecutor makes a request, revoke the order appointing such guardian and further give an order on guardianship as it finds appropriate.

Revocation of an order appointing a guardian in accordance with paragraph 1 shall not affect the rights of a third party who acts in good faith. But in the event of revocation of an order appointing a prohibited person under section 1587(1) or (2) as a guardian, the acts performed by the guardian shall not bind the minor, irrespective of whether or not the third party acts in good faith.”

Section47.Section 1589 of the Civil and Commercial Code shall be repealed.

Section48.The provisions of section 1590, section 1591, and section 1592 of the Civil and Commercial Code shall be repealed and replaced by the following:

“Section1590.There can be only one guardian at a time. But in the event that a provision of a will requires appointment of several guardians ​or when there is a request supported by an appropriate reason, the court shall have the power to appoint guardians in the number the court finds necessary. In the event that several guardians are appointed, the court may require that they act jointly or may designate specific powers for each of them.

Section1591.Guardianship begins from the day of being informed of the court order on the appointment.

Section1592.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 court order on his or her appointment. But, before the time limit ends, the guardian may request a court for its extension.

The inventory must be attested by at least two witnesses. The two witnesses must have attained majority and must be relatives of the ward. But if the relatives cannot be found, other persons may be required to serve as witnesses.”

Section49.The provisions of paragraph 2 of section 1593 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“If the court does not give a different order within fifteen days from the day of filing the inventory, or the day of giving additional explanations, or the day of filing supplementary documents, as the case may be, the court shall be deemed to have accepted the inventory.”

Section50.The provisions of section 1598/6, section 1598/7, and section 1598/8 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

​

“Section1598/6.Wardship ends when the ward dies or attains majority.

Section1598/7.Guardianship ends when the guardian—

(1)dies;

(2)resigns upon the permission of a court;

(3)becomes incompetent or quasi-incompetent;

(4)becomes bankrupt;

(5)is removed by a court order.

Section1598/8.The court shall order removal of the guardian in the following events:

(1)the guardian neglects a duty;

(2)the guardian is seriously negligent in office;

(3)the guardian wrongfully exercises a power or duty;

(4)the guardian commits misconduct, which renders him or her inappropriate for the office;

(5)the guardian lacks ability for the office to the extent likely to endanger the benefit of the ward;

(6)there occurs such an incident as provided in section 1587(3), (4), or (5).”

​Section51.The provisions of section 1598/15 and section 1598/16 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1598/15.In the event that a court adjudges a husband or wife incompetent with the wife or husband as his or her 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.

Section1598/16.The spouse who serves as the custodian for the spouse who has been adjudged incompetent by a court has the power to administer the personal property of the latter and has the power to administer the marital property solely. However, he or she cannot administer the personal property and marital property in the events specified in section 1476, paragraph 1, save where he or she has obtained the permission of a court.”

Section52.The provisions of section 1598/18 and section 1598/19 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1598/18.In the event that the father and mother serve as custodians for their child, if the child has not yet attained majority, the provisions on the rights and duties of the person exercising the parental power shall apply mutatis mutandis, but if the child has already attained majority, the provisions on the rights and duties of the guardian, save the rights under section 1567(2) and (3), shall apply mutatis mutandis.

​In the event that another person than the father, mother, or spouse serves as the custodian, the provisions on the rights and duties of the guardian shall apply mutatis mutandis. But if the ward has already attained majority, the rights under section 1567(2) and (3) shall not be exercised.

Section1598/19.A person aged not less than twenty five years may adopt another person as a child, but the former must be at least fifteen years older than the latter.”

Section53.The provisions of section 1598/21, section 1598/22, section 1598/23, section 1598/24, and section 1598/25 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1598/21.A minor can be adopted as a child only upon the consent of his or her father and mother. In the event that either the father or mother has died or has been deprived of the parental power, the consent of the mother or father who still has the parental power is required.

If there is no person to give the consent as said in paragraph 1, or both or either of the father and mother are unable to express the consent or refuse to give the consent and such refusal lacks appropriate reason and is adverse to the health, prosperity, or welfare of the minor, then the mother or father, or the person wanting to adopt the minor, or a public prosecutor may request a court for its permission in place of the consent under paragraph 1.

​Section1598/22.When a minor is to be adopted as a child, if the minor is an abandoned person under the care of a child assistance institution according to the law on child assistance and protection, the consent of the child assistance institution shall substitute that of the father and mother. If the child assistance institution refuses to give such consent, the provisions of section 1598/21, paragraph 2, shall apply mutatis mutandis.

Section1598/23.In the event that the minor is not an abandoned person but is maintained by a child assistance institution according to the law on child assistance and protection, then the father and mother, or the father or mother if either the mother or father has died or has been deprived of the parental power, may grant written authorisation to the said child assistance institution permitting it to give consent to the adoption of the minor on their behalves, in which event the provisions of section 1598/22 shall apply mutatis mutandis.

The written authorisation under paragraph 1 shall be irrevocable as long as the minor is maintained by the child assistance institution.

Section1598/24.The person having the power to give consent to the adoption of a minor on behalf of a child assistance institution according to section 1598/22 or section 1598/23 may adopt a minor under the care or maintenance of such child assistance institution as his or her child only when a court has granted permission at his or her request in place of the consent of the child assistance institution.

​Section1598/25.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 the spouse. In the event that the spouse is unable to give the consent or has left the domicile or abode and has not been found for not less than one year, a request must be made to a court for its permission in place of the consent of the spouse.”

Section54.The following provisions shall be inserted in section 1598/26 of the Civil and Commercial Code as its paragraph 2:

“If one spouse wants to register the adoption of a minor who has been adopted by the other spouse as his or her child also, he or she must obtain the consent of the spouse who has already adopted that child and section 1598/21 shall become inapplicable.”

Section55.The provisions of section 1598/27 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1598/27.Adoption of a child shall be valid only upon registration according to the law, but if the person who is to be adopted as a child is a minor, the law on child adoption must be observed first.”

Section56.The provisions of paragraph 3 of section 1598/31 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“In the event that a minor has been adopted as a child in line with section 1598/21, paragraph 2, section 1598/22, section 1598/23, section ​1598/24, or section 1598/26, paragraph 2, if the adopted child has not yet attained majority, his or her adoption can be rescinded only upon a court order given at the request of an interested person or public prosecutor.”

Section57.The provisions of (1), (2), and (3) of section 1598/33 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“(1)when one party commits serious misconduct which causes the other party to suffer serious disgrace, or hatred, or excessive injury or trouble, irrespective of whether or not it constitutes a criminal offence, such other party may institute the action;

(2)when one party seriously defames or vilifies the other party or an ascendant of the other party, such other party may institute the action; if an adopted child commits the said act against the spouse of the adopter, the adopter may institute the action;

(3)when one party commits violence against the other party or an ascendant of the other party, thereby causing him or her to suffer serious danger to the body or mind, and the act constitutes a criminal offence, such other party may institute the action”.

Section58.The provisions of (8) of section 1598/33 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“(8)when any adopter has been deprived of the parental power ​in part or in whole for the reason that a circumstance showed him or her no longer appropriate to be adopter, the adopted child may institute the action”.

Section59.(9) of section 1598/33 of the Civil and Commercial Code shall be repealed.

Section60.The provisions of section 1598/35 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1598/35.As regards an action for recission of the adoption of a child, if the adopted child has not yet attained full fifteen years of age, the biological father and mother shall have the power to institute it on his or her behalf, but if the adopted child has already attained full fifteen years of age, the adopted child may institute it himself or herself without having to obtain the consent of anyone.

In the event under paragraph 1, a public prosecutor may institute the action on behalf of the adopted child.”

Section61.The provisions of section 1598/37 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

“Section1598/37.Upon recission of the adoption of a child, if the adopted child has not yet attained majority, the biological father and mother shall be restored to the parental power from the time the recission is registered according to section 1598/31 or from the time the court gave the final judgment granting the recission. But if a guardian has been appointed for the adopted child since before the recission, the guardian shall continue to have the same powers and duties, ​save where the court gives an order permitting the biological father and mother to exercise the parental power at their request.

Change of the person exercising the parental power or guardian according to paragraph 1 shall not prejudice the rights acquired in good faith by a third party before the recission of the adoption is registered.”

Section62.In the event that an engagement gift has been given since before the coming into force of this Act, the said engagement gift shall become subject to the rights of the woman upon the marriage.

Section63.As regards a juristic act performed by one spouse for the administration of the marital property without the consent of the other spouse before the coming into force of this Act, the giving of confirmation to it or the making a request to a court for its revocation shall be governed by section 1480 of the Civil and Commercial Code in force before being amended by this Act.

Section64.If an action for a marriage to be declared void by a court on account of having contravened section 1452 of the Civil and Commercial Code is pending before any court on the day of coming into force of this Act, such court shall continue to try and adjudicate it until its finality.

Section65.In the event that a marriage contravenes section 1452 of the Civil and Commercial Code, the right to claim alimony or the right to the inheritance of the deceased spouse which the other spouse has acquired in good faith since before the day of coming into force of this Act shall be governed by section 1499 of ​the Civil and Commercial Code in force before being amended by this Act.

Section66.In registering a child as a legitimate child, if the authority has notified the child or mother of the child of the request for such registration but the registration has remained undone since before the day of coming into force of this Act, the registration shall be governed by the provisions of the Civil and Commercial Code as amended by this Act.

Section67.A father who has had a child registered as his legitimate child since before the day of coming into force of this Act shall have the right to request a court to deprive the guardian of the guardianship according to section 1552 of the Civil and Commercial Code as amended by this Act, irrespective of whether or not he has previously requested a court for such deprivation.

Section68.In the event that a will provides for appointment of a guardian, if the person making the will has died since before the day of coming into force of this Act, appointment of such guardian shall be governed by the Civil and Commercial Code in force before being amended by this Act.

Section69.The provisions of section 1598/22 and section 1598/23 of the Civil and Commercial Code as amended by this Act shall not affect the validity of the consent given ​to the adoption of a child before the day of coming into force of this Act.

Section70.The provisions of Book 5 of the Civil and Commercial Code as amended by this Act shall not affect the validity of the engagements, marriages, premarital contracts, status of fathers, mothers, and children, guardianships, and adoption of children which have taken place since before the day of coming into force of this Act, save where this Act otherwise provides.

Section71.As regards all the limitation periods or time periods designated by the provisions of the Civil and Commercial Code since before the day of coming into force of this Act, if they have not yet ended on the day of coming into force of this Act and the newly designated limitation periods or time periods are different from those originally designated, the longer ones shall apply.

Countersignature
General Chatichai Choonhavan
Prime Minister

​Note: The reasons for promulgation of this Act are as follows: Since the provisions of Book 5 of the Civil and Commercial Code—which deal with the validity and effects of an engagement, the protection of an insane spouse, the administration of marital property, the separation and consolidation of marital property, the voidness of a marriage, the grounds for divorce, the person to exercise the parental power upon divorce, the presumption of legitimacy of a child, the institution of an action for repudiation of a child, the institution of an action for repudiation of the status of being a legitimate child, the registration of a child, the institution of an action for legitimation of a child, the parental power, custodianships and curatorships, the administration of the property of a minor, the rights and duties of a father, mother, child, guardian, and adopted child—are still not in line with and do not support the social conditions at present, it is appropriate to improve them in order to increase their suitability. It is therefore necessary to enact this Act.

  1. ↑ 1.0 1.1 Originally, “and”. (Wikisource contributor note)

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