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ResourcesThai Civil and Commercial CodeBook5Book V Family Title I Betrothal

Book V Family Title I Betrothal

Page: 183

Section: 1435 - 1439

BOOK V

FAMILY

TITLE I

BETROTHAL

 

Section 1435.- The engagement can be made only when the man and the woman having completed their seventeenth year of age.

The engagement being contrary to the provisions of paragraph one is void.

 

Section 1436.- The minor can conclude a betrothal when he has received the consent of the following persons :

                  (1) The minor’s parents, in case of minor’s father and mother are still alive ;

                  (2) The minor’s parent father or mother, in case of the minor’s father or mother has died, or the parental power has been revoked, or the minor’s parents are not in the condition or in the state of being able to give the condition, or by circumstances which make the minor unable to ask for the parents, consent ;

                  (3) The minor’s adopter, in case of the minor is the adopted child ;

                  (4) The minor’s guardian, in case of there is not person giving the consent in accordance with (1), (2) and (3), or there is the said person, but his parental power has been revoked.

The betrothal being concluded by the minor without the said consent is violable.

 

Section 1437.- The betrothal will be valid when the party if the man man has given or transferred the property which is the Engagement Gift to the woman as evidence that the marriage shall duly take place.

After the betrothal has taken place, the Engagement Gift shall belong to the woman.

The marriage price is the property which the man gives to the parents, the adopter or the guardian, as the case may be, in return for the woman to agree to marry. If the marriage has not taken place by being caused by an essential event for the woman, or by circumstances which make the woman responsible therefor and make the marriage unsuitable for the man or make the man unable to marry such woman, the man may claim the return of the Engagement Gift.

If the return of the Engagement Gift or the Portion shall be required in accordance with this Section, the provisions of Section 412 to Section 418 of this Code relating to Unjust Enrichment shall be applied.

 

Section 1438.- The engagement does not cause to file an application with the Court for enforcement of marriage. If there is the agreement to give the penalty in case of breach of the betrothal agreement, such agreement is void.

 

Section 1439.- When the betrothal has been, if a party commits a breach of the betrothal agreement, the other party can be entitled to take compensation. In case of the party of the woman commits the breach of the betrothal agreement, the Engagement Gift shall be returned to the man.