Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
Good faith (สุจริต, sutjarit, also written sucharit) is the principle in Section 5 of the Civil and Commercial Code that every person must exercise rights and perform obligations honestly, coupled with the presumption in Section 6 that everyone acts in good faith until the contrary is proved. It is not a vague courtesy: Thai courts use it to decide who keeps land bought from a seller with a bad title, whether a contract term can be enforced to the letter, and whether a spouse can unwind a deal the other made.
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How Sections 5 and 6 are applied
Section 5 is a general clause: rights must be exercised and duties performed in good faith. Its companion is Section 421, which makes the exercise of a right for the sole purpose of injuring another unlawful, the Thai version of abuse of rights. Section 6 sets the burden: the party alleging bad faith must prove it, usually by showing that the other side knew the true facts or ignored red flags any careful person would have checked. Because the presumption favours honesty, the winning strategy is to document what was known and when.
Good faith also steers interpretation. Contracts are read according to good faith and ordinary usage (Section 368), so a literal reading cannot defeat the obvious purpose of a term. In unjust enrichment a recipient in good faith returns only what remains, while one in bad faith returns everything with interest (Section 412 and following). The civil courts apply these rules whether or not the parties plead them.
Where good faith protects, or fails, a foreigner
Land and condominiums. A buyer who acquires for value, in good faith, and registers the transfer at the Land Office generally keeps the property against earlier unregistered claims (Sections 1299 and 1300). That protection evaporates if the buyer knew of the competing claim or paid a price so low that knowledge is inferred. It is the legal reason due diligence matters: a buyer who checked the title, the occupants and the encumbrances can prove good faith.
Marriage. When a spouse sells or mortgages marital property without the consent the law requires, the other spouse may ask the court to cancel the transaction, unless the third party acted in good faith and for value (Section 1480). Nominee structures cut the other way: a foreigner who arranges for a Thai to hold land for him is not in good faith towards the Land Code and cannot invoke Section 6 when the arrangement collapses. Good faith is irrelevant to adverse possession: Section 1382 rewards open possession for ten years, honest or not.
Good faith compared with fraud and mere carelessness
Bad faith is not the same as fraud. Fraud (Section 159) is a positive deception that makes a contract voidable; bad faith can be silence, knowledge of a defect, or exercising a right for an improper purpose, and its consequence is usually loss of a protection rather than cancellation of the act. Carelessness is different again, but Thai courts treat wilful blindness to obvious warning signs as knowledge, so negligence can cost the protection that good faith would have given.
In criminal law the same word appears in the defence to defamation: a statement made in good faith to protect a legitimate interest is not an offence (Section 329 of the Criminal Code), a point worth knowing for anyone facing a complaint over an online review.
Frequently asked questions
What does good faith mean in Thai law?
Under Section 5 of the Civil and Commercial Code every person must exercise rights and perform obligations honestly, and Section 6 presumes that everyone acts in good faith unless the opposite is proved. Courts use it to protect honest buyers of property, to interpret contracts sensibly and to strike down the abusive exercise of rights.
Does good faith protect a foreigner who buys property from someone without a proper title?
Only partly. A buyer who paid a fair price, knew of no competing claim and registered the transfer keeps the property against earlier unregistered rights under Sections 1299 and 1300. A buyer who knew of the problem, or ignored obvious warning signs, cannot rely on good faith, which is why title checks before payment matter.
Who has to prove bad faith in a Thai court?
The party alleging it. Section 6 presumes good faith, so the person claiming that the other side acted dishonestly must produce evidence, typically showing what the other side knew or should have known. Written records, e-mails and chat messages are the usual proof.
See also: Good morals, Void and voidable juristic acts, Due diligence, Thai Civil and Commercial Code, Thai legal system explained and Property due diligence in Thailand.
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