LAW OF THAILAND
management of the common property other than those provided in paragraph
one, can be done by either spouse without the consent of the other.
either spouse has committed a juristic act mentioned above without the
consent of the other spouse, such juristic act shall be valid only when
it has been confirmed by the other spouse.
the other spouse does not give consent to the act concerned or does not
confirm it, he or she, as the case may be, may apply to the court to revoke
such juristic act. However if it appears that a third party acted in good
faith at the time of concluding such juristic act, such act cannot be
right to revoke is limited to the period of one year from the time when
the spouse is cognizant of the cause of revocation or ten years since
the juristic act was done.(32)
power to manage common property jointly between husband and wife does
not mean that the couple must ask for consent from each other for every
act. Either spouse has power to manage household affairs or to provide
necessaries for the family.(33)
incurred by either spouse during marriage are common debts which are binding
on both spouses equally, as follows;(34)
debts incurred for the necessary management of household affairs,
maintenance, and medical expenses of the household and proper education
of the children.
| debts incurred in connection with the common property.
| debts incurred in connection with a business carried on by the spouse
| debts incurred by either spouse only for his or her own benefit but
confirmed by the other.
termination of the marriage, the common property shall be returned to
each spouse equally.(35) Both spouse are
liable for common debts to the same proportion.(36)
husband and wife have the duty to maintain and support each other according
to his or her ability and status of life.(37)
the status of women in Thailand is very similar to the status of women
all over the world, i.e. lower than men, most husband are expected to
maintain and support their wives rather than the wives being expected
to support their husbands.
the party entitle to receive maintenance (usually the house wife and the
children) has not been paid the sum concerned or has been paid a sum insufficient
for the party's station in life, he or she may apply to the court for
an order compelling the party under the duty provide the maintenance (usually
the husband) to perform the duty. The amount of maintenance is considered
by the court with due regard to the ability of the party who has the duty
to provide it and the station in life of the receiver or the circumstances
of the case.
may be paid by periodical payment in pecuniary or other forms according
to the agreement of both parties.
maintenance order made by the court may be modified, cancelled, increased
or reduced if the circumstances have changed since the original order.
is usually the case that the husband obeys the court order (in providing
maintenance to his divorced wife and children) for the first few months
but then discontinues.
who honestly comply with the maintenance order are very rare. The poor
wives always turn to the Women Lawyers Association for help. Under the
new Family Court Procedure Act B.E. 2534 article 114 the Family Court
has authority to compel the employer of the husband to pay the maintenance
due to the wife out of the husband's earning directly to the wife. Unfortunately,
for the time being there are only 10 Family Courts in big cities such
as Bangkok, Chaing Mai, Songkhla, Nakhon Rathasima, Ubon Ratchathani,
Rayong etc. and there are 19 Provincial Courts such as Nonthaburi, Samut
Prakan, Pathum Thani and Ayutthaya etc. which has Family section to enforce
the Family Court Procedure Act. It is hope that the well being of women
and children will be more protected if this law can be enforced through
the whole kingdom.
Civil and Commercial Code, Article 1480.
Civil and Commercial Code, Article 1482.
Civil and Commercial Code, Article 1490.
Civil and Commercial Code, Article 1533.
Civil and Commercial Code, Article 1535.
Civil and Commercial Code, Article 1461.