Translation
IN
THE NAME OF HIS MAJESTY KING ANANDA MAHIDOL
THE
COUNCIL OF REGENCY
(By
notification of the President of the House of Representatives dated 4th
August, B.E. 2480)
ADITYA
DIBABHA GEN. CHAO PHYA BIJAYENDRA YODHIN
Enacted
on the 10th Day of March, B.E. 2481;
Being the 5th Year of the Present Reign.
Whereas the House of Representatives has passed a resolution that it is expedient to enact Conflict of Laws Act.
Be it, therefore, enacted by the King, by and with the advice and consent of the House of Representatives, as follows:
This Act shall be called the "Conflict of Laws Act; B.E. 2481."
This Act shall come into force on and from the date of its publication in the Royal Gazette.*
Part
1
General
Provisions
Whenever there is no provision in this Act or in any other laws of Siam to govern a case of conflict of laws, the general principles of private international law shall apply.
Whenever the law of a foreign country is to govern and under that law it is the law of Siam which shall be applied, the internal law of Siam governs, and not the Siamese rules on conflict of laws.
Whenever the law of a foreign country is to govern, it shall be applied in so far as it is not contrary to the public order or good morals of Siam.
Whenever the law of nationality is to govern, and a person has two or more nationalities acquired successively, the law of nationality last acquired shall govern.
Whenever the law of nationality is to govern, and a person has two or more nationalities acquired simultaneously, the law of nationality of the country where such person has his domicile shall govern; if such person has his domicile in a country other than any such country, the law of his domicile at the time of the institution of action shall govern; if the domicile of such person is unknown, the law of the country where he has his residence shall govern.
In any cases of conflict as regards the nationality of a person, where one of the nationalities in conflict is Thai, the law of nationality, which shall govern, is the law of Siam.
As regards a person who has no nationality, the law of his domicile shall govern; if his domicile is unknown, the law of the country where he has his residence shall govern.
Whenever by application of the law of nationality, the local law, the communal law or the religious law, as the case may be, is to apply, such law shall govern.
In case of conflict as regards the nationality of a juristic person, the nationality of such person is that of the country where it has its principal office or establishment.
In case where foreign applicable law is to govern is not proved to the satisfaction of the Court, the internal law of Siam shall apply.
Unless otherwise provided by this Act or other laws of Siam, the form required for validity of a juristic act shall be governed by the law of the country where such act is made.
However, the law of the country where a property is situated shall govern the form required for the validity of a contract, documents or other juristic acts relating to immovable property.
Part
2
Status
and Capacity of a Person
The capacity or incapacity of a person shall be governed by the law of nationality of such person.
But if an alien does a juristic act in Siam for which he would have no capacity or limited capacity under the law of his nationality, he is deemed to have capacity for it in so far as he would be capable under the Siamese law. This provision shall not apply to any juristic acts under the family law and succession law.
In case of a juristic act relating to immovable property, the capacity of a person to enter into such juristic act shall be governed by the law of the place where such immovable property is situated.
If an alien in Siam has left his domicile or residence in the condition specified in Sections 53 and 54 of the Civil and Commercial Code, the provisional measures as the Siamese Court may think it necessary to be taken shall be governed by the Siamese law.
The adjudication of disappearance of such alien and the effects of the adjudication, as far as the immovable property situated in Siam is not concerned, shall be governed by the law of nationality of such alien.
The causes for which the Siamese Court shall adjudge an alien who has his domicile or residence in Siam to be placed under guardianship or curatorship shall be governed by the law of nationality of such person; however, the Siamese Court shall not place such person under guardianship or curatorship for a cause not allowed by the Siamese law.
The
effects of such guardianship or curatorship shall be governed by the law of the
country to which the Court adjudging such person incompetent or quasi-incompetent
belongs.
Part
3
Obligations
Section
13
The
question as to what law is applicable to the essential elements or effects of a
contract is determined by the intention of the parties thereto. In case where
such intention, express or implied, cannot be ascertained, if the parties have
the same nationality, the law applicable is the law of common nationality of the
parties. If the parties have different nationalities, the law of the place where
the contract is made shall govern.
Where
a contract is made between persons at a distance, the place where the contract
is deemed to be made is the place where the notice of the acceptance reaches the
offeror. If such place cannot be
ascertained, the law of the place where the contract is to be performed shall
govern.
A
contract shall not be void when made in accordance with the form prescribed by
the law, which governs the effects of such contract.
Section
14
An
obligation arising out of the management of affairs without mandate or of the
undue enrichment shall be governed by the law of the place where the facts from
which such obligation has arisen took place.
Section
15
An
obligation arising out of a wrongful act shall be governed by the law of the
place where the facts constituting such wrongful act have taken place.
The
foregoing paragraph shall not applicable to the facts, which having taken place
in a foreign country, do not constitute a wrongful act according to the Siamese
law.
In
no case shall the injured party claim compensation or remedies other than those
allowed by the Siamese law.
Part
4
Property
Section
16
Movable
and immovable property shall be governed by the law of the place where the
property is situated.
However,
in case of exportation of movable property, the law of nationality of its owner
shall govern such property from the time of exportation.
Section
17
Movable
property, the situation of which is changed during a pending action relating to
such property, shall continue to be subject to the law of the place where such
property was situated at the time of the institution of the action.
Part
5
Family
Section
18
The
capacity for affecting a betrothal or for canceling a betrothal shall be
governed by the law of nationality of each party.
The effects of the betrothal shall be governed by the law of the country
to which the Court trying and adjudicating the case belongs.
Section
19
The
conditions of marriage shall be governed by the law of nationality of each party.
Section
20
A
marriage made in accordance with the form prescribed by the law of the country
where such marriage takes place shall be valid.
A
marriage between Siamese subjects or between a Siamese subject and an alien,
taken place in foreign territory in accordance with the form prescribed by the
Siamese law shall be valid.
Section
21
If
both spouses have the same nationality or if the wife has acquired by marriage
the nationality of her husband, the law of common nationality of both spouses
shall govern the relationship between husband and wife.
In
case where the wife has not acquired by marriage the nationality of her husband,
the law of nationality of the husband shall govern the relationship between
husband and wife.
Section
22
As
regards the property of husband and wife, if there is no ante-nuptial agreement,
the law of nationality shall govern.
If
the husband and the wife have different nationalities, the property of husband
and wife shall be governed by the law of nationality of the husband.
However,
as regards immovable property, the law of the place where such property is
situated shall govern.
Section
23
The
effects of marriage as governed by the two foregoing sections shall not be
affected if, after marriage, either or both spouses acquire a nationality
different from the nationality possessed or acquired at the time of marriage.
Section
24
As
regards the property of husband and wife, if an ante-nuptial agreement is made,
the capacity for making such agreement shall be governed by the law of
nationality of each party.
Section
25
If
the parties have the same nationality, the essential elements and effects of an
ante-nuptial agreement shall be governed by the law of common nationality of the
parties. If they have different nationalities, such essential elements and
effects shall be governed by the law under which the parties intended or may be
presumed to have intended to submit themselves; in the absence of such intention,
the law of the first matrimonial domicile shall govern.
However,
as regards immovable property, the law of the place where such property is
situated shall govern.
Section
26
A
Divorce by mutual consent shall be valid if it is permitted by the law of
nationality of husband and wife.
Section
27
A
Divorce cannot be granted by the Siamese Court unless it is permitted by the law
of nationality of husband and wife.
The
grounds for divorce shall be governed by the law of the place where the action
is instituted.
Section
28
The
cancellation of marriage shall be governed by the law, which governs the
conditions of marriage.
However,
mistake, fraud or duress as causes for cancellation of marriage shall be
governed by the law of the place where the marriage has taken place.
Section
29
The
legitimacy of a child shall be governed by the law of nationality of the husband
of the mother at the time of his birth. If at such time the husband happens to
be dead, such legitimacy shall be governed by the law of nationality of the
husband at the time of his death.
The
same law governs an action to repudiate a child.
Section
30
The
rights and duties of parents and a legitimate child shall be governed by the law
of nationality of the father.
If
a child is born of a woman who is not married to a man, the rights and duties of
the mother and child shall be governed by the law of nationality of the mother.
Section
31
The
legitimation of a child shall be governed by the law of nationality of the
father at the time of legitimation; if at such time, the father happens to be
dead, the law of nationality of the father at the time of his death shall govern.
Section
32
The
placement of a minor who has no parent exercising parental power under
guardianship, the duties and the power of the guardian or the termination of the
guardianship, as the case may be, shall be governed by the law of nationality of
such minor. However, as regards immovable property, the power of the guardian to
deal with such property shall be governed by the law of the place where such
property is situated.
A
minor with foreign nationality who has domicile or residence in Siam may be
placed under guardianship in accordance with the Siamese law if it appears that,
under the circumstances of the case, the organization and management of
guardianship under the foreign law cannot provide reasonably effective
protection of the interests of such minor
Section
33
The
deprivation of parental power shall be governed by the law of the country to
which the court ordering such deprivation belongs.
Section
34
The
right of action against ascendants, either civil or criminal, shall be governed
by the law of nationality of the descendant.
Section
35
If
the adopter and the adopted have the same nationality, the adoption shall be
governed by their law of nationality.
If
the adopter and the adopted have different nationalities, the capacity and
conditions for adoption shall be governed by the law of nationality of each
party. However, the effects of adoption of the adopter and the adopted shall be
governed by the law of nationality of the adopter.
The
rights and duties of the adopted and his family to which he belongs by birth
shall be governed by the law of nationality of the adopted.
Section
36
The
obligation to maintain shall be governed by the law of nationality of the person
from whom such maintenance is claimed.
However,
the person entitled to maintenance cannot make claims in excess of what is
permitted by the Siamese law.
Part
6
Succession
Section
37
Succession
as regards immovable property shall be governed by the law of the place where
such property is situated.
Section
38
Succession
as regards movable property, either by statutory rights or by will, shall be
governed by the law of domicile of the deceased at the time of his death.
Section
39
The
capacity of a person to make a will shall be governed by the law of nationality
at the time when the will is made.
Section
40
A
person may make a will either in accordance with the form prescribed by the law
of nationality or in accordance with the form prescribed by the law of the
country where the will is made.
Section
41
The
effects and interpretation of a will as well as the nullity of a will or of a
clause in a will shall be governed by the law of domicile of the testator at the
time of his death.
Section
42
The
revocation of a will or of a clause in a will shall be governed by the law of
domicile of the testator at the time when the revocation is made.
The
lapse of a will or of a clause in a will shall be governed by the law of
domicile of the testator at the time of his death.
Countersigned
by Pibulsonggram as Prime Minister
Published in the Royal Gazette, Volume 55, Section 85, Page 1021, Dated 20th March, BE 2481 (1938)
www.ThaiLaws.com