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ResourcesThai Civil and Commercial CodeBook5Book V Family Title I Chapter II Conditions of Marriage

Book V Family Title I Chapter II Conditions of Marriage

Page: 185

Section: 1447_1 - 1453

Section 1447/1.- The right of claim for compensation in accordance with Section 1439 shall have prescription of six months as from the date of the betrothal agreement.

The right of claim for compensation in accordance with Section 1444 shall have prescription of six months as from the date of having known or the date of ought to have known the commission of gross misconduct causing the renunciation of the betrothal agreement, but it is not later than five years from the date of the said commission.

The right of claim for compensation in accordance with Section 1445 and Section 1446 shall have prescription of six months as from the date of the betrothed man having known or ought to have known the commission of the other man causing the claim for compensation and the person bound to make the compensation being known, but not later than five years as from the date of commission.

 

Section 1447/2.- The right of claim for compensation in accordance with Section 1439 shall have prescription of six months as from the date of the betrothal agreement.

The prescription for the claim for returning the Engagement Gift under Section 1442 shall be six months as from the date of cancellation of the betrothal agreement.

 

CHAPTER II

CONDITIONS OF MARRIAGE

 

Section 1448.- The marriage can be made only when the man and woman have completed their seventeenth year of age. But in case of having appropriate reason, the Court may give the leave to them being married before reaching such age.

 

Section 1449.- The marriage cannot be made if either the man or the woman is insane person or person being adjudged as incompetent person.

 

Section 1450.- If the man and the woman are relatives in direct ascending or descending line or the brother or the sister of the blood relation of the parents or the father of the mother, then they cannot marry each other. Said relationship shall be deemed in pursuance of the blood line without regard to whether they are the relations according to law.

 

Section 1451.- The adopter and the adopted cannot be married to each other.

 

Section 1452.- A man or a woman cannot be married to each other while one has own spouse.

 

Section 1453.- A woman whose husband has died or whose marriage has come to an end by other means, can marry again only after not less than three hundred and ten days have elapsed as of the date of the termination of her previous marriage, unless :

                  (1) She has given birth during such period of time ;

                  (2) She remarries her previous spouse ;

                  (3) A qualified doctor who is a lawful physical practitioner in medicine has issued a certificate showing that she is not pregnant ;

                  (4) The Court’s order allows such woman to marry.