| Section
21 If both spouses have the same
nationality or if the wife has acquired by marriage the
nationality of her husband, the law of common nationality of
both spouses shall govern the relationship between husband and
wife.
In case where the wife has not
acquired by marriage the nationality of her husband, the law
of nationality of the husband shall govern the relationship
between husband and wife.
Section 22 As regards the property of husband and
wife, if there is no antenuptial agreement, the law of
nationality shall govern.
If the husband and the wife have
different nationalities, the property of husband and wife
shall be governed by the law of nationality of the
husband.
However, as regards immovable
property, the law of the place where such property is situated
shall govern.
Section 23 The effects of marriage as governed by the
two foregoing sections shall not be affected if, after
marriage, either or both spouses acquire a nationality
different from the nationality possessed or acquired at the
time of marriage.
Section 24 As regards the property of husband and
wife, if an antenuptial agreement is made, the capacity
for making such agreement shall be governed by the law of
nationality of each party.
Section 25 If the parties have the same nationality,
the essential elements and effects of an antenuptial
agreement shall be governed by the law of common nationality
of the parties. If they have different nationalities, such
essential elements and effects shall be governed by the law
under which the parties intended or may be presumed to have
intended to submit themselves; in the absence of such
intention, the law of the first matrimonial domicile shall
govern.
However, as regards immovable
property, the law of the place where such property is situated
shall govern.
Section 26 A Divorce by mutual consent shall be valid
if it is permitted by the law of nationality of husband and
wife.
Section 27 A Divorce cannot be granted by the Siamese
Court unless it is permitted by the law of nationality of
husband and wife.
The grounds for divorce shall be
governed by the law of the place where the action is
instituted.
Section 28 The cancellation of marriage shall be
governed by the law which governs the conditions of
marriage.
However, mistake, fraud or duress
as causes for cancellation of marriage shall be governed by
the law of the place where the marriage has taken
place.
Section 29 The legitimacy of a child shall be
governed by the law of nationality of the husband of the
mother at the time of his birth. If at such time the husband
happens to be dead, such legitimacy is governed by the law of
nationality of the husband at the time of his death.
The same law governs an action to
repudiate a child.
Section 30 The rights and duties of parents and a
legitimate child shall be governed by the law of nationality
of the father.
If a child is born of a woman who
is not married to a man, the rights and duties of the mother
and child shall be governed by the law of nationality of the
mother.
Section 31 The legitimation of a child shall be
governed by the law of nationality of the father at the time
of legitimation; if at such time, the father happens to be
dead, the law of nationality of the father at the time of his
death shall govern.
Section 32 The placement of a minor who has no parent
exercising parental power under guardianship, the duties and
the power of the guardian or the termination of the
guardianship, as the case may be, shall be governed by the law
of nationality of such minor. However, as regards immovable
property, the power of the guardian to deal with such property
shall be governed by the law of the place where such property
is situated.
A minor with foreign nationality
who has domicile or residence in Siam may be placed under
guardianship in accordance with the Siamese law if it appears
that, under the circumstances of the case, the organization
and management of guardianship under the foreign law cannot
provide reasonably effective protection of the interests of
such minor
Section 33 The deprivation of parental power is
governed by the law of the country to which the court ordering
such deprivation belongs.
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