Thai Engagement – Civil & Commercial Code

Thai Engagement - Civil & Commercial Code

thailand engagement law

Firstly this is Thai Engagement explained in Thai law. The Civil and Commercial Act covers the rules and regulations for most family laws in Thailand. This segment covers the Thai engagement. This is a very rough translation of the Act and is done for comprehension purposes so that foreigners can understand and compare the Act to the rules in their home country.

 This translation should not be seen as legally binding or used as legal advice or guidance. This text has been provided for educational and comprehension purposes and contains no legal authority. We will assume no responsibility for any liabilities arising from the use and/or reference of this text. Speak to us online or via WhatsApp or application Line for proper legal advice. Finally, speak to our family lawyer in Thailand for more advice.

 

Section 1435

The section stipulates that you have to be seventeen years old and it can only occur between a man and a woman. If these provisions are not met then the engagement is void.

Section 1436*

If a minor is getting engaged then the person needs the consent of

  1. The mother and father if they are still both alive
  2. The mother or father where one has died or where the one hold parental consent
  3. Also, the adopter where the child has been adopted
  4. The guardian of the child where there is no person giving consent under (1), (2), and (3) or have their parental power removed.

An engagement without permission is a voidable engagement.

Section 1437*

The engagement becomes valid when the male gives the engagement gift to the female. The gift now becomes the property of the female.

The bride price is the property given by the male to the parents (adopter or guardian) of the female for agreeing to marry him. If the female creates the circumstances that he is unable to marry her, the bride price or engagement gift must be returned. This is under Section 412 to Section 418 of this act under unjust enrichment.

Section 1438

You cannot with a court application force someone to marry you when they have changed their mind. Any engagement agreement with a penalty if there is no marriage is void.

Section 1439*

When the engagement has occurred. If any party breaks the engagement then the other party is entitled to compensation. If it is the woman then the engagement gift needs to be returned.

Section 1440

Compensation can be claimed for:

(1) Injury caused to the body or reputation of the male or female;

(2) Costs to the party or their parents or having the capacity of parents for the cost of preparations for the marriage;

(3) Damages to the engaged party for changes in property or employment for the marriage.

If the female party is the injured party the court may take the engagement gift as part or whole for the compensation.

Section 1441*

If one party dies before the marriage, compensation cannot be claimed. The engagement gift is not required to be returned. This is irrespective if it is the male or female that dies.

Section 1442

If there is an important reason on the side of the female that would make it inappropriate for the male to marry her. The male can terminate the Thai engagement. The female has to return the engagement gift.

Section 1443

If there is an important reason on the side of the male that would make it inappropriate for the female to marry him. The female can terminate the engagement. The female does not need to return the engagement gift.

Section 1444

If the cause of the termination of the engagement is due to the gross misconduct of the other engaged person committed after the engagement, the engaged person who committed such misconduct shall be liable to compensate the engaged person terminating the contract of engagement.

Section 1445*

The engaged party may demand compensation from a person who has had sexual intercourse with the other engaged party. This person who knew or ought to have known of such engagement, after the contract of engagement has been terminated. This refers to Section 1442 or Section 1443 as above under “important reason” for the termination.

Section 1446*

The engaged party may, without terminating the engagement, demand compensation from a person who has raped or attempted to rape the other engaged party, who knew or ought to have known of such engagement.

Section 1447*

Compensation in this Chapter is decided by the courts. The right to claim compensation under this Chapter, except that under Section 1440 (2), cannot be transferred or inherited. This is where the parents (or capacity as parents) want compensation for arrangements made before the engagement was terminated. Only this, unless the claim has been promised in writing or action on it has been commenced by the injured party.

Section 1447/1*

The right to claim compensation under Section 1439 shall be six months from the date of the breach as prescription will take place. The period of prescription of the right to claim compensation under section 1444 shall be six months from the date on which the gross misconduct which is the cause of termination of the contract of engagement was known or should have been known, but shall not exceed five years from the date on which such misconduct was committed.

The period of prescription of the right to claim compensation under Section 1445 and Section 1446 shall be six months from the date on which the engaged male or female knew or ought to have known of the act of another person which is the cause of the claim and knew the person bound to make the compensation but shall not exceed five years from the date on which such other person committed such act.

Section 1447/2*

There is a six-month prescription period from the date of breach for the right to demand the return of the engagement gift under Section 1439. There is also a prescription period of six months from the date of the ending of the engagement, to demand the return of the Thai engagement gift under Section 1442.

 

See the other Chapters on the Civil and Commercial Code

Section 1436 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1437 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1439 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1441 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1445 has been amended by the Civil and Commercial Code Amendment Act (No. 16), B.E. 2550 (2007)

Section 1446 has been amended by the Civil and Commercial Code Amendment Act (No. 16), B.E. 2550 (2007)

Section 1447 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1447/1 has been added by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1447/1, paragraph three has been amended by the Civil and Commercial Code Amendment Act (No. 16), B.E. 2550 (2007)

Section 1447/2 has been added by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)