Page:พรบ แก้ ปพพ (๒๕๓๓-๐๙-๐๘).pdf/3

 Upon engagement, the engagement gift shall become subject to the rights of the woman.

Bride price is the property which is given on the part of the man to the part of the woman’s father, mother, adopter, or guardian, as the case may be, in return for the woman agreeing to marry. If the marriage failed to take place because of a significant incident happening to the woman or a circumstance the part of the woman must be responsible for, which made it inappropriate or impossible for the man to marry to woman, the part of the man may claim the return of the bride price.

If the engagement gift or bride price has to be returned in accordance with this Chapter, the provisions of section 412 through section 418 of this Code, which deal with unjust enrichment, shall apply mutatis mutandis.”

The provisions of section 1439 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

"“Upon engagement, if either party breaches the engagement contract, the other party has the right to claim the liability for compensation. In the event that the engagement contract is breached on the part of the woman, the engagement gift shall also be returned to the part of the man.”"

The provisions of section 1441 of the Civil and Commercial Code shall be repealed and replaced by the following provisions:

"“If either of the engaged persons dies prior to the marriage, the other cannot claim compensation. As regards the engagement gift or bride price, irrespective of whether the dead person is the man or the woman, the woman or her part is not required to return it to the part of the man.”"

The provisions of section 1447 of the Civil and Commercial Code shall be repealed and replaced by the following provisions: