Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour le 5 septembre 2026
Ordonnance (อายุความ, ayu khwam, also romanised ayukwam) is the Thai term for a limitation period: the time within which a claim must be brought to court, after which the debtor can refuse to pay and the court will dismiss the case. The general rules are in Sections 193/9 to 193/35 of the Civil and Commercial Code, with shorter periods in the titles on sale, tort and succession. Prescription is why a good claim can be lost by waiting.
Table des matières
How prescription works under the Civil and Commercial Code
The general rule is 10 years for any claim without a specific period (Section 193/30), running from the moment the claim could first be enforced. Shorter periods cover whole classes of claims: 5 years for arrears of interest, rent, instalments and periodic salary (Section 193/33); 2 years for the price of goods and services claimed by traders and professionals, and for employees’ wages (Section 193/34). A claim founded on a court judgment has 10 years however short the original period (Section 193/32).
The court does not apply it by itself. Prescription is a defence the debtor must raise (Section 193/29); a time barred debt paid voluntarily cannot be recovered. The parties cannot extend or shorten a period by contract (Section 193/11). The clock is interrupted when the debtor acknowledges the debt, pays part of it or gives security, and when the creditor files in court; a fresh period then starts (Sections 193/14 and 193/15). A letter of demand does not interrupt prescription.
Periods a foreigner in Thailand meets most
| Réclamation | Point | Section |
|---|---|---|
| Tort (accident, assault, negligence) | 1 year from knowledge, 10 years from the act | 448 |
| Loan, contract debt, deposit refund | 10 ans | 193/30 |
| Wages, professional and trade fees | 2 ans | 193/34 |
| Rent, interest, instalment arrears | 5 ans | 193/33 |
| Inheritance claim by an heir | 1 year from death or knowledge, 10 years absolute | 1754 |
| Promissory note against the maker | 3 years from maturity | 1001 |
Le délit period catches the most foreigners: a road accident victim who spends a year on insurance correspondence has lost the civil claim against the driver, although a criminal prosecution for the same act extends the civil period to match the criminal one. Heirs face the same trap: a claim to a share of an estate must be filed within one year, and a foreigner who waits for the Thai family to sort it out is often out of time, as the note on inheritance claims after one year shows.
Prescription, acquisitive prescription and criminal limitation
The same Thai word covers three ideas. Extinctive prescription, described above, kills a claim. Acquisitive prescription is the opposite mechanism, by which a possessor gains ownership after 10 years of open and peaceful possession of titled land or 5 years of movable property (Section 1382), known as possession adverse. Criminal prescription, in the Criminal Code, fixes how long the state has to prosecute; a compoundable offence such as diffamation must be reported within 3 months of the victim learning of it.
When a period has run the claim is not void: it survives as a natural obligation that can be paid voluntarily or set off, but cannot be forced. The first question about any old dispute is the date the claim could first have been enforced; the second is whether anything has interrupted the clock since.
Foire aux questions
What is the statute of limitations for a debt in Thailand?
Ten years for an ordinary loan or contract debt under Section 193/30 of the Civil and Commercial Code, counted from the date repayment could first be demanded. Arrears of interest and instalments are limited to 5 years, and a promissory note must be sued on within 3 years of maturity.
How long do I have to sue after a car accident in Thailand?
One year from the day the victim knew of the injury and who caused it, and never more than 10 years from the accident (Section 448). If the driver is prosecuted, the civil claim can be brought within the longer criminal limitation period. Insurance negotiations do not stop the clock.
Does a letter of demand stop the limitation period in Thailand?
No. Prescription is interrupted only by the debtor acknowledging the debt, paying part of it or giving security, or by the creditor filing a case in court. A demand letter is useful evidence but the claim must be filed before the period expires.
Voir aussi : Tort (Section 420), Adverse possession (Section 1382), Promissory note, Code civil et commercial thaïlandais, Thai legal system explained ET Debt collection in Thailand.
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