How stateless person and Japanese man can marry??

Marraige under confict of the Law

How they can marry ,Porn and Take,???

Porn is stateless person, recognized in Thai Civil registration in kind of Profile registration. Take is Japanese. And, they have one daughter ,Yuri, who is still stateless child.

Finally, Yuri can be legitimate child of Take ??

First of all, In case of marriage consisted of international part ( one of the party is alien ) is happened  in Thailand, Conflict of Laws Act, B.E.2481 of Thailand says that  the marriage will be valid if form prescribed by the law of the country which such marriage takes place and that means they have to marry under the method of Civil and Commercial Code of Thailand by registration at the District Office .( and I reaffirm that the official will request a letter of certificate to clarify that Mr.Take has never registered his marriage. )

The first step above I say the aspect the form of the marriage; anyways, we have to clarify the qualifications of Mr.Take and Porn  meet the conditions for getting married before. As Conflict of Laws section 19 says about the conditions of marriage is governed by the law of nationality of each party. So the proceeding or any conditions to clarify Mr.Take’ qualifications is under Japanese laws.

And does his qualifications meet the Japanese marriage law ???

In order to clarify the qualifications for getting married of Porn despite of her statelessness , we can cite section 6 on Conflict of Laws Act, B.E.2481 ,which express the will to terminate the gap of the law. It says about a person who has no any nationality, the law of his domicile shall govern. Hence, Porn  who all of her living is in Thailand, Thai Laws govern on hers. From this point Civil and Commercial Code of Thailand still governs on hers and it mean her qualifications of the marriage have to meet Civil and Commercial Code of Thailand.

The important conditions of marriage under Civil and Commercial Code of Thailand are below:

1.       Both  man and  woman aren’t insane people
2.       Both man and woman don’t have blood relations in the direct ascendant or descendant line and aren’t brother or sister of full or half blood.
3.       Their will to marry
4.      And the most important is both have not registered marriage now.

 

However, being legitimate child of the man has two other methods under Civil and Commercial Code of Thailand.

1.  By registration to recognize the child made on application by the father

For this method the man needs to apply for registration of recognition the child at a municipal office then the mother and the child must give the consent to the applicant (the man who apply).

It can conclude that this method must consist of the consent from the mother  and the consent of the child. And unfortunately, Giving the consent from the child is still problem in practical way. Although,  Civil and Commercial Code of Thailand doesn’t say that in the part of the child’s consent have to been instead by the permission of the court so as to protect the child BUT ,practically, many times  a municipal office and an administrative opinions deny for registration by giving the reason that the child is too young to give the consent (in case of the age of the child isn’t over 7 years) then suggest the man apply to the court for permission and the court agree with that. So it become a judicial criterion for registration recognizing the child who isn’t 7 years old that the man needs  to ask the court a  permission before  and after that registre it at a municipal office.

2.    By a judgment of the court

This method is used in case the mother want the man recognize the child but he refuse. Thus, the mother needs to apply the court.

However, I think registration for recognition the child talked is juristic act consisted of international part because the party are Japanese but the act will be conducted in Thailand so Conflict of Laws Act, B.E.2481 of Thailand will be involved.

And recognition the child for being legitimate child is said on section 31. It says that the legitimation of a child shall be governed by the law of nationality of the father at the time of legitimation. So we may search for Japanese laws too.

 On 3 March 2011