法文及びディカー裁判所の判決から見た近代タイにおける妾の法的諸問題をめぐる考察

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タイトル別名
  • ホウブン オヨビ ディガー サイバンジョ ノ ハンケツ カラ ミタ キンダイ タイ ニオケル メカケ ノ ホウテキ ショモンダイ  オ メグル コウサツ
  • A Study on Legal Issues over Concubines in Modern Thailand:An Analysis of the Texts of the Codes and Judicial Decisions by the Dika Court

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This article is about how the legal issues over concubines were dealt with during the reception of modern legal system in Thailand. The family law in the Civil and Commercial Code says a marriage can be arranged only if a man or a woman is not the spouse of another person yet. However, according to the article on action for divorce, when a wife committed adultery, her husband was entitled to get a divorce from his wife, but, on the contrary, the rule did not apply vice versa. In addition, the provisions of bigamy and adultery were not specified in the Penal Code, and the action of having concubines was not considered as a crime. The Dika Court also admitted the relationship between a husband and his concubines. In conclusion, the analysis of the texts of these Codes and the judicial decisions by the Dika Court can tell us that even after the monogamous system was specified, it allowed a husband to have concubines, and concubinage co-existed with the monogamous system in modern Thailand.

論説

収録刊行物

  • 東洋文化研究

    東洋文化研究 (17), 53-81, 2015-03

    学習院大学東洋文化研究所

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