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.

 

Hosted by www.Geocities.ws

1