Section 11 If an alien in Siam has left his domicile or residence in the condition specified in Sections 53 and 54 of the Civil and Commercial Code, the provisional measures as the Siamese Court may think it necessary to be taken shall be governed by the Siamese law.

The adjudication of disappearance of such alien and the effects of the adjudication, as far as the immovable property situated in Siam is not concerned, shall be governed by the law of nationality of such alien.

Section 12 The causes for which the Siamese Court shall adjudge an alien who has his domicile or residence in Siam to be placed under guardianship or curatorship shall be governed by the law of nationality of such person; however, the Siamese Court shall not place such person under guardianship or curatorship for a cause not allowed by the Siamese law.

The effects of such guardianship or curatorship are governed by the law of the country to which the Court adjudging such person incompetent or quasi-incompetent belongs.

PART 3

Obligations

Section 13 The question as to what law is applicable to the essential elements or effects of a contract is determined by the intention of the parties thereto. In case where such intention, express or implied, cannot be ascertained, if the parties have the same nationality, the law applicable is the law of common nationality of the parties. If the parties have different nationalities, the law of the place where the contract is made shall govern.

Where a contract is made between persons at a distance, the place where the contract is deemed to be made is the place where the notice of the acceptance reaches the offeror. If such place cannot be ascertained, the law of the place where the contract is to be performed shall govern.

A contract shall not be void when made in accordance with the form prescribed by the law which governs the effects of such contract.

Section 14 An obligation arising out of the management of affairs without mandate or of the undue enrichment shall be governed by the law of the place where the facts from which such obligation has arisen took place.

Section 15 An obligation arising out of a wrongful act shall be governed by the law of the place where the facts constituting such wrongful act have taken place.

The foregoing paragraph shall not applicable to the facts which, having taken place in a foreign country, do not constitute a wrongful act according to the Siamese law.

In no case shall the injured party claim compensation or remedies other than those allowed by the Siamese law.

PART 4

Property

Section 16 Movable and immovable property shall be governed by the law of the place where the property is situated.

However, in case of exportation of movable property, the law of nationality of its owner shall govern such property from the time of exportation.

Section 17 Movable property, the situation of which is changed during a pending action relating to such property, shall continue to be subject to the law of the place where such property was situated at the time of the institution of the action.

PART 5

Family

Section 18 The capacity for effecting a betrothal or for cancelling a betrothal shall be governed by the law of nationality of each party. The effects of the betrothal shall be governed by the law of the country to which the Court trying and adjudicating the case belongs.

Section 19 The conditions of marriage shall be governed by the law of nationality of each party.

Section 20 A marriage made in accordance with the form prescribed by the law of the country where such marriage takes place shall be valid.

A marriage between Siamese subjects or between a Siamese subject and an alien, taken place in foreign territory in accordance with the form prescribed by the Siamese law shall be valid.

 

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