LEGAL LSSUES ARISING FROM STATUTORY GROUNDS FOR THE CESSATION OF MINORITY AND THE ATTAINMENT OF MAJORITY

Abstract

The legislative intent behind laws restricting the legal capacity of minors is to protect minors themselves as well as their property. However, in light of changing social conditions, it is appropriate to reconsider the grounds for attaining legal capacity. Under the Thai Civil and Commercial Code, the criteria for a minor attaining legal capacity are divided into two categories. First, attainment of legal capacity by age. The age threshold of twenty years has been in force since 1923. When compared with individuals in contemporary society, there are significant differences in terms of personal development, technology, communication, and social context. Moreover, from a comparative law perspective, several foreign jurisdictions—namely the French Republic, the Federal Republic of Germany, the Swiss Confederation, and the United Kingdom—have set the age of majority at eighteen years. Accordingly, it is proposed that Section 19 of the Civil and Commercial Code be amended to provide that a person shall cease to be a minor and attain legal capacity upon reaching eighteen years of age. Second, attainment of legal capacity by marriage. As discussed in the first issue, this proposal would be consistent with the amendment to Section 19, in that when both spouses have attained the age of eighteen years, they would be deemed to have legal capacity under Section 19 and would be able to enter into marriage without the consent of any person pursuant to Section 1436. In cases where one or both spouses have not yet attained the age of eighteen years, marriage may still be permitted subject to statutory conditions; however, such marriage should not result in the attainment of legal capacity. This is to prevent the use of marriage registration as a means to prematurely acquire legal capacity. Therefore, it is proposed that the provision on attainment of legal capacity by marriage under Section 20 of the Civil and Commercial Code be repealed.