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ResourcesThai Civil and Commercial CodeBook5Book V Family Title I Betrothal

Book V Family Title I Betrothal

Page: 184

Section: 1440 - 1447

Section 1440.- The compensation may be claimed as follows :

                  (1) For retribution of the detriment caused to the body or reputation of the man or woman ;

                  (2) For retribution of the detriment on account of the betrothed, the parents or the person acting in the status of the parents having had the appropriate or the debt by virtue of the preparation for the marriage ;

                  (3) For retribution of the betrothed has managed the appropriate property or other affairs in respect of the occupation or earning in expectation of the marriage.

In case of the woman to be entitled to receive the compensation, the Court may give a final decision of the Engagement Gift having become completely the woman’s property or a part of the compensation which the woman is to receive, or the Court may order for paying the compensation without regard to the Engagement Gift that has become the property of the woman.

 

Section 1441.- If one of the betrothal has died before the marriage, the other party shall not claim for the compensation. For the Engagement Gift and the Marriage Price, whether the death of the man or the woman, shall be returned by the woman or the party of the woman.

 

Section 1442.- In case of there being vital circumstances giving rise to the betrothed woman which make the man unsuitable to marry the woman, the man is entitled to cancel the betrothal agreement and the woman is to return the Engagement Gift to the man.

 

Section 1443.- In case there being vital circumstances giving rise to the betrothed man which make woman unsuitable to marry the man, the woman is entitled to cancel the betrothal agreement and it is not necessary to return the Engagement Gift to the man.

 

Section 1444.- If the ground, which makes one of the betrothed renounce the betrothal agreement, is gross misconduct of the other party to have been made after the betrothal, the betrothed committing the gross misconduct must be liable to make compensation to the other who has exercised the right renouncing the betrothal agreement as if one has committed a breach of the betrothal agreement.

 

Section 1445.- The betrothed man or woman, after the betrothal agreement having been revoked under Section 1442 or Section 1443, depending the case, may claim compensation from the other man, who has known or ought to have known of her betrothal, has had sexual intercourse with such woman.

 

Section 1446.- Without the renounce of the betrothal agreement, the betrothed man may claim compensation from the other man having raped or having attempted a rape of the betrothed woman having been known or ought to have been known of her betrothal.

 

Section 1447.- The compensation ought to be reimbursed other than in compliance with this Chapter, the Court shall decide according to the circumstances.

The claim for compensation in accordance with this Chapter, except the compensation under Section 1440 (2), cannot be transferred or devolved on the heirs, unless the claim has been acknowledged in writing or the injured person has entered the action for the compensation.