| 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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