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ResourcesThai Civil and Commercial CodeBook5Book V Family Title I Chapter VI Termination of Marriage

Book V Family Title I Chapter VI Termination of Marriage

Page: 195

Section: 1508 - 1512

Section 1508.- The marriage adjudicated voidable by reason of the mistake as to the identity of the spouse, fraud or duress, only the spouse having mistook the identity of the other, or was induced by fraud or duress to contract the marriage may apply for revocation of the marriage.

In case of the person being entitled for applying for the revocation of the marriage having been adjudged incompetent, the person who may apply to the Court for an order effecting an insane person to be an incapacitated person under Section 28, may also apply for the cancellation of such marriage. If the person entitled to apply for the revocation of the marriage is an insane person not yet adjudged as incompetent person, the said person is able to apply for the revocation of the said marriage but must apply concurrently to the Court for an order effecting to be an incapacitated person. If the Court gives an order revoking the application for an order effecting him to be an incapacitated person, the Court shall also order revoking the application made by the said person for the cancellation of the marriage.

The order of the Court to revoke the application for cancellation of the marriage of the person under paragraph two does not affect the right of the spouse to apply for revocation of the marriage ; but the spouse must exercise own right within the remaining period of time. If the remaining period of time is less than six months as from the day on which the order of the Court to cancel the application made by the said person for cancellation of the marriage is given, or if there remains no such period, the period of time shall correspondingly be extended to the completion of six months or to another six months as from the day when the order of the Court cancelling the application made by the said person for the cancellation of the marriage is given.

 

Section 1509.- The marriage made without the consent of the persons as mentioned in accordance with Section 1454 is voidable.

 

Section 1510.- The marriage to be voidable by reason of having been made without the consent of the persons mentioned in Section 1454, only the person being able to give the consent under Section 1454 may apply for the revocation of the marriage.

The right of the application of revocation under this Section is extinguished when the spouse has completed the age of twentieth year or when the woman has become pregnant.

The action for the cancellation of the marriage under this Section shall have the prescription of one year as from the day when the marriage has been known.

 

Section 1511.- the marriage to be cancelled by the judgement of the Court shall be deemed to have come to an end when the judgement is final ; provided, however, that it may not set up to the prejudice of the rights of third persons acting in good faith unless the registration for the cancellation of the marriage has been made.

 

Section 1512.- The provisions relating to the result of divorce by judgement of the Court shall be applied to the result of revocation of the marriage, mutatis mutandis.