Thai Law Database Online

Gift under Thai Law          

            “Gift” it seems to be easy to understand this word, and there is nothing to explain this word too.  In your life, I believe that you ever give something to other. When you give something to someone, can you take it back? Can you give a house or land to someone by oval? Is the donor liable for the defect of given property?

            Under Civil and Commercial Code, section 523 states that a gift is valid only on delivery of the property given.  Therefore, just only say “I will give you a book or a ring” there is no effect to law until the donee has received property from the donor. Furthermore, a gift includes the release of an obligation or performing an obligation due from the done.

            When a gift is to gratuitously transfer a property of his own to another person, the donor is not liable to the donee for any defect of the given property.

            Importantly, a gift of immovable property is valid only when it is made in writing and registered by the competent official. Therefore, if someone tells you that he will give you a land in return, do not remember to tell him to go to the land department to register and transfer the land to you. Therefore, a gift agreement with a clause providing that the land registration will be made in seven days is invalid. In the other words, the donee cannot bring a case to the Court against the donor by claiming that the donor has to register the land transfer for the donee.

            Can the donor take a gift back from the donee? Yes, but only the following case:

1. If the donee committed a serious criminal offence punishable under the Penal Code against the donor, or 

For an example, the donee shoots the donor, but not to dead.

 2. If the donee seriously defamed or insulted the donor, or

For an example, the donee defames and insults the donor that “you are not my father, get out! If you do not go, I will kill you.”

3. If the donee refused the donor who is in need of the necessaries of life while he was able to supply them

            Therefore, aside from cases mentioned above, the donor cannot take the gift back as his own mind.

            However, if the donor has forgiven the done, a gift cannot be revoked, or if six months have elapsed since the time when the act of ingratitude came to the knowledge of the person entitled to claim revocation.

             Interestingly! The donor cannot claim revocation of a gift for an act of ingratitude for the following gift:

1. Gifts purely remuneratory.

For an example, Peter’s  car tires get flat, and Mr.B  helps fixing it. So, Peter give some money to Mr.B

2. Gifts encumbered with a charge

3. Gifts made in compliance with a moral duty

For an example, before a mother dies, she gave a land to her son, and told him that you must give the half land to his brother. Then the son gave the half land to his brother as mother requested.

4. Gifts made in consideration of marriage

When you give things to someone, do not expect anything in return.  Believe Me!

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.

          Adoption in Thailand     

            There are many reasons for adopting a child. A mother cannot give a birth, but she really want to have a child, or some family feel pity for an orphan. In Thailand, most people adopt a child from only his or her cousin.

            Under Civil and Commercial Code, section 1598/19 “ A person who is not less than twenty five years old may adopt another, provided he is at least fifteen years older than the adopted person.”  Therefore, a child who can be adopted must have the age of at least ten years old. And if the person to be adopted is not less than fifteen years old, such person must give consent.  Furthermore, if a person to be adopted is a minor (less than 20 years of age), an adoption can take place only with the consent of his or her parents.  In the case the minor has been abandoned and been under the supervision of an institution for child, the institution can give consent on behalf of his parents. In addition, if a person who is to adopt or is to be adopted is married, a spouse must give consent.

               Please note that a minor who has been adopted cannot be adopted to another person at the same time, except an adopted of the spouse of the adoptor. An adoption takes effect by law upon the registration.

               When an adoption is valid, an adopted child becomes a legitimate child of an adoptor. That means the adopted child has rights and duties under family law to the adoptor. For examples, an adopted child is bound to maintain his parents; an adopted child cannot enter an action, either civil or criminal, against the adoptor’s ascendants. On the contrary, the adoptor also has rights and duties to the adopted child. For an example, the adoptor is bound to maintain the adopted while the adopted is still a minor. However, the adoptor does not have the right to inherit the adopted.

            However, an adopted does not lose his rights and duties in his family, but his parents lose their control power over the adopted since the child is adopted

            Can an adopted marry an adoptor? Yes, why not! Just the adoption will become dissolved. In addition, the dissolution of adoption can take place by order of the Court. For examples, either party does not maintain the other; one party seriously insults the other.

            Even though an adoption can fulfill someone’s mind, you are bound under family law.

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned. 

Prenuptial Agreement or Premarital Agreement    

                    Under Civil and Commercial Code, section 1465 states that where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties, the relations between them as regards their properties shall be governed by the provisions of this Chapter

                    From the section 1465, a prenuptial agreement is an agreement made before marriage between husband and wife about their properties. Therefore, any agreement not concerning their properties cannot be included in the prenuptial agreement, such as the maintenance cost of children after divorce.

                    What if a husband and a wife do not do a prenuptial agreement? If a prenuptial agreement is not made, the relation between the husband and wife about their properties shall be governed by family law. Before we get through the properties relation governed by law between the husband and the wife, we need to know “Sin SomRos” and “Sin Suan Tua.” 

Section 1471, Sin Suan Tua consists of:

1. property belonging to either spouse before marriage;
2. property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse;
3. property acquired by either spouse during marriage through a will or gift
4. Khongman (See the article A Betrothal law in Thailand)

Section 1474, Sin Somros consists of:

1. Property acquired during marriage;
2. Property acquired by either spouse during marriage through a will or gift made in writing if it is declared by such will or document or gift to be Sin Somros;
3. Fruits of Sin Suan Tua (such as Interest)

                    Sin Suan Tua, each spouse is the manager of his or her own properties, but Sin Som Ros, family law protect in many cases. For examples, 1) properties acquired during their marriage shall own by both the husband and the wife, and such properties shall be divided equally upon divorce, 2) the management of Sin SomRos, in some cases, shall be jointly managed, or one spouse has to obtain consent from the other, such as selling, exchanging, and mortgaging on immovable property, 3) a husband or a wife may cause loss to the Sin SomRos.

                     So, to avoid these situations, some couple chooses to do the prenuptial agreement before their marriage. In the prenuptial agreement, we can separate Sin Suan Tua from Sin Som Ros, and any properties that you acquire before or after marriage are still your own. In other words, you can sell or exchange the properties without the consent of the other spouse. If either spouse is in debt before or during marriage, a creditor cannot claim for such debt to the other spouse. In addition, the agreement is very helpful for a spouse who has a big business and does not want the other spouse takes the business after divorce or death.

Form of Prenuptial Agreement

The prenuptial agreement can be made legally by

1. The agreement must be entered in the Marriage Register at the time of marriage registration terms of the prenuptial agreement;
2. The agreement must be made in writing and signed by both spouses and at least two witnesses and entered into the Marriage Register at the time of marriage registration stating that the prenuptial agreement has taken place.

If the prenuptial agreement is not made under either method mentioned above, the agreement is void.

Furthermore, the prenuptial agreement cannot be altered without the authorization of the Court

The Prenuptial Agreement is helpful in managing properties, but a spouse may not understand and may think that a spouse does not trust him or her.

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.