The Marriage of Persons of Unsound Mind as Per Thai Law Comparing With Cambodian Law
Family Law of the Kingdom of Thailand and Cambodia are based from the tradition and cultural proximity with the ultimate purpose to protect the society, spouse, and family for the equality on both man and woman who entered into the marriage. Therefore, principles of law of marriage between two countries have some similarities as the registration is taken as a marriage condition; whereas, marriage cannot take place for a person of unsound mind. Thus, it is to protect those who have unsound mind with mental defect, family, and society. According to Thai law, the man or the woman who is a person of unsound mind or a person adjudged incompetent cannot enter into marriage. In the case that the person adjudged as unsound mind and incompetent is recovered from such disorder, that is, such person has no mental defect currently, but he or she has not been repealed from being incompetent by the court, such person is a prohibited person by law, and a marriage contrary to this provision shall be void and it has never existed since the date of the marriage. Unlike the law of Cambodia, the marriage cannot take place for a person of unsound mind or a person with mental defect, but it is voidable. If such person is recovered from such disorder and being normal, the voidable marriage is considered as it exists without re-marriage.
Keywords: Law, marriage, unsound mind.