Thailand Law Library

by Thailand Lawyer

Whereas the House of Representatives has passed a resolution that it is deemed expedient to enact an Act on Conflict of Laws;

Be it, therefore, enacted by the king, by and with the advice and consent of the House of Representatives, as follows:

This Act is called the “Act on Conflict of Laws, B.E. 2481.”

This Act shall come into force on and from the date of its publication in the Government Gazette.

Division 1: General Provisions

Whenever there is no provision in this Act or in any other laws of Thailand to govern a case of conflict of laws, the general principles of private international law shall apply.

Whenever the law of a foreign country is to govern and under that law it is the law of Thailand which shall be applied, the internal law of Thailand governs, and not the Thai rules on conflict of laws.

Whenever a law of a foreign country is to govern, it shall apply in so far as it is not contrary to the public order or good morals of Thailand.

Whenever the law of nationality is to govern, and a person has two or more nationalities acquired successively, the law of the nationality last acquired shall govern.

Whenever the law of nationality is to govern and a person has two or more nationalities acquired simultaneously, the law of nationality of the country where such person has his domicile shall govern; if such person has his domicile in a country other than any such country, the law of his domicile at the time of institution of action shall govern; if the domicile of such person is unknown, the law of the country where he has his residence shall govern.

In any case of conflict as to the nationality of a person, when any of the nationalities in conflict is the Thai one, the law of nationality to govern is the law of Thailand.

As to a person who has no nationality, the law of his domicile shall govern; if his domicile is unknown, the law of the country where he has his residence shall govern.

Whenever by application of the law of nationality, the local law, the communal law or the religious law, as the case may be, is to apply, such law shall govern.

In case of conflict as to the nationality of a juristic person, the nationality of such person is that of the country where it has its principal office or establishment.

Whenever the law of a foreign country which is to govern is not proved to the satisfaction of the Court, the internal law of Thailand shall apply.

Unless otherwise provided by this Act or other laws of Thailand, the formal validity of a juristic act shall be governed by the law of the country where the act is made.

However, the law of the country where a property is situated governs the form required for the validity of a contract, document or other juristic acts relating to immovable property.

Division 2: Status and Capacity of Persons

The capacity or incapacity of a person is governed by the law of nationality of such person.

But if an alien does a juristic act in Thailand for which he would have no capacity or a limited capacity under the law of his nationality, he is deemed to have capacity for it in so far as he would be capable under Thai law. This provision does not apply to juristic act under the family law and the law of succession.

In case of juristic act relating to immovable property, the capacity of a person to enter into such juristic act is governed by the law of the place where the immovable property is situated.

If an alien in Thailand has left his domicile or residence in the conditions specified in sections 53 and section 54 of the Civil and Commercial Code, such provisional measures as the Thai Court may think necessary to take shall be governed by the Thai law.

The adjudication of disappearance of such alien and the effects of the adjudication, except as far as immovable property situated in Thailand is concerned, shall be governed by the law of nationality of such alien.

The causes for which an alien who has his domicile or residence in Thailand may be place by a Thai Court under custodianship or curator ship are governed by the law of nationality of such person; however, the Thai Court shall not place such person under custodianship or curatorship for a cause not admitted by the Thai law.

The effects of such custodianship or curatorship are governed by the law of the country to which the Country which has adjudged such person incompetent or quasi incompetent belongs.