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Conflict of Laws Act
B.E. 2481 (1938)
IN THE NAME OF HIS
MAJESTY KING ANANDA MAHIDOL
THE COUNCIL OF
REGENCY
(By notification of
the President of the House of Representatives dated
4th August, B.E. 2480)
ADITYA DIBABHA
GEN. CHAO PHYA
BIJAYENDRA YODHIN
Enacted on the 10th
Day of March, B.E. 2481 ;
Being the
5th Year of the Present Reign.
Whereas the House of
Representatives has passed a resolution that it is expedient
to enact Conflict of Laws Act.
Be it, therefore, enacted by the
King, by and with the advice and consent of the House of
Representatives, as follows:
Section 1 This Act shall be called the “Conflict of
Laws Act B.E. 2481.”
Section 2 This Act shall come into force on and from
the date of its publication in the Royal Gazette.*
PART 1
General Provisions
Section 3 Whenever there is no provision in this
Act or in any other laws of Siam to govern a case of conflict
of laws, the general principles of private international law
shall apply.
Section 4 Whenever the law of a foreign country is
to govern and under that law it is the law of Siam which shall
be applied, the internal law of Siam governs, and not the
Siamese rules on conflict of laws.
Section 5 Whenever the law of a
foreign country is to govern, it shall be applied in so far as
it is not contrary to the public order or good morals of Siam.
Section 6 Whenever the law of nationality is to
govern, and a person has two or more nationalities acquired
successively, the law of nationality last acquired shall
govern.
Whenever the law of nationality
is to govern, and a person has two or more nationalities
acquired simultaneously, the law of nationality of the country
where such person has his domicile shall govern; if such
person has his domicile in a country other than any such
country, the law of his domicile at the time of the
institution of action shall govern; if the domicile of such
person is unknown, the law of the country where he has his
residence shall govern.
In any cases of conflict as
regards the nationality of a person, where one of the
nationalities in conflict is Thai, the law of nationality
which shall govern is the law of Siam.
As regards a person who has no
nationality, the law of his domicile shall govern; if his
domicile is unknown, the law of the country where he has his
residence shall govern.
Whenever by
application of the law of nationality, the local law, the
communal law or the religious law, as the case may be, is to
apply, such law shall govern.
Section 7 In case of conflict as regards the
nationality of a juristic person, the nationality of such
person is that of the country where it has its principal
office or establishment.
Section 8 In case where foreign applicable law is
to govern is not proved to the satisfaction of the Court, the
internal law of Siam shall apply.
Section 9 Unless otherwise provided by this Act or
other laws of Siam, the form required for validity of a
juristic act shall be governed by the law of the country where
such act is made.
However, the law of the country
where a property is situated shall govern the form required
for the validity of a contract, documents or other juristic
acts relating to immovable property.
PART 2
Status and Capacity
of a Person
Section 10 The capacity or incapacity of a person
shall be governed by the law of nationality of such
person.
But if an alien does a juristic
act in Siam for which he would have no capacity or limited
capacity under the law of his nationality, he is deemed to
have capacity for it in so far as he would be capable under
the Siamese law. This provision shall not apply to any
juristic acts under the family law and succession
law.
In case of a juristic act
relating to immovable property, the capacity of a person to
enter into such juristic act shall be governed by the law of
the place where such immovable property is situated.
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