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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