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
Suretyship (ค้ำประกัน, kham prakan, also written kam prakan), the contract by which a guarantor promises a creditor to pay if the debtor does not, is governed by Sections 680 to 701 of the Code civil et commercial. It is a personal security: the guarantor’s whole estate stands behind the promise, unlike a mortgage which binds one asset. Foreigners sign guarantees more often than they realise, as directors backing a bank facility or as sponsors of a Thai partner’s loan, and the 2014 and 2015 amendments to the Code now decide how far that signature reaches.
Table des matières
What the Code requires and what it now forbids
Form. A suretyship is enforceable only if there is written evidence signed by the guarantor (Section 680). It may cover a future or conditional debt, but since the amendments the guaranteed obligation must be described specifically: its purpose, amount and period (Section 681). An open ended guarantee of everything a debtor may ever owe is no longer valid for an individual guarantor. The guarantee does not change the loan itself, so the 15% interest ceiling of Section 654 still applies to the underlying debt.
Protections. Acts No. 20 and 21 amending the Code rewrote this title in favour of individuals. A clause making an individual guarantor liable as a joint debtor is void (Section 681/1). When the debtor defaults, the creditor must notify the guarantor within 60 days; otherwise the guarantor is released from interest and other accessory charges accrued after that period (Section 686). The guarantor may require the creditor to pursue the debtor and his known property first (Sections 688 to 690). If the creditor grants the debtor more time without the guarantor’s consent, the guarantor is discharged (Section 700). A guarantor who pays steps into the creditor’s shoes against the debtor (Section 693).
Where a foreigner signs a guarantee in practice
The company loan. Thai banks routinely require the directors of a company limited to guarantee its facilities personally, and the guarantee survives resignation as director unless the bank releases it in writing. The partner’s debt. A foreigner who guarantees a Thai partner’s car finance or business loan remains liable after the relationship ends. The guide on personal guarantees in Thailand sets out the common scenarios.
The common mistake is signing a Thai language bank form without a translation and without noticing that the guarantee is unlimited in time or covers future facilities. Read for the amount, the period and the named debt; if the form is silent on these, the amendments give an individual guarantor a strong argument.
Suretyship compared with aval, bail and mortgage
Un aval is the guarantee written on a billet à ordre or bill itself; it follows the rules of negotiable instruments and their three year limitation, not the suretyship title. A bail guarantor in a criminal case promises the court that the accused will appear, and forfeits the security if he absconds. A hypothèque or pledge is real security: recourse is against the asset, while under suretyship it is against the person. When a guarantee goes wrong, the guarantor’s realistic defences are the missing written form, the vague description of the debt, late notice under Section 686, and any extension of time given behind his back.
Foire aux questions
Can a foreigner be a guarantor in Thailand?
Yes. Nothing in the Civil and Commercial Code restricts suretyship to Thai nationals, and banks regularly take personal guarantees from foreign directors. The guarantee must be evidenced in writing and signed by the guarantor, and since 2015 it must state the amount, purpose and period of the debt it covers.
How do I get released from a guarantee in Thailand?
By the creditor’s written release, by the debt being paid or otherwise extinguished, or automatically if the creditor extends the debtor’s time to pay without the guarantor’s consent (Section 700). Resigning as a company director does not by itself end a personal guarantee given to the company’s bank.
What happens if the bank does not tell the guarantor about the default?
Under Section 686 the creditor must notify the guarantor within 60 days of the debtor’s default. Late notice does not cancel the guarantee, but the guarantor is not liable for interest, penalties or other accessory charges that accrued after the 60 days expired.
Voir aussi : contrat de prêt, Promissory note, Hypothèque, Bail (Prakan Tua), Loan agreement in Thailand ET Personal guarantee in Thailand.
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