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
Public order and good morals (ความสงบเรียบร้อยหรือศีลธรรมอันดีของประชาชน, often shortened to bonnes mœurs ou public policy) is the standard in Section 150 of the Code civil et commercial under which a juristic act is void if its purpose is expressly prohibited by law, impossible, or contrary to public order or the good morals of the people. It is the Thai courts’ main tool for refusing to enforce an agreement that is well drafted but legally unacceptable. Foreigners meet it most often in nominee structures and prenuptial clauses.
Table des matières
What Section 150 says and how it works
Article 150 makes the act void from the outset, not merely voidable. A void act produces no legal effect and cannot be ratified (Section 172). Section 151 adds the mirror rule: parties may agree to depart from a provision of law unless that provision concerns public order or good morals, which is how a court decides whether a rule in the Code is mandatory or merely a default. Section 411 completes the picture: a person who has performed for a purpose contrary to law or good morals cannot reclaim what was paid.
The Code gives no list. The court asks whether the object of the act, judged by the values of Thai society, undermines the legal order or public decency. Settled examples include agreements to pay for sexual services, contracts to share the proceeds of a crime, promises of money in exchange for a divorce, and any agreement designed to let a foreigner do indirectly what the Code foncier or Foreign Business Act forbids directly.
Where a foreigner runs into it
Nominee arrangements are the clearest case. A declaration that a Thai spouse or friend holds land for a foreigner, a contrat de prêt that is really the purchase price of that land, or a actionnaires‘ agreement giving a 49% foreign shareholder full control of the Thai shares can all be struck down as contrary to public order because they defeat Section 86 of the Land Code or the Loi sur les entreprises étrangères. The foreigner then has a void contract and, because of Section 411, often no route to recover the money.
Marriage contracts are the second. Section 1466 makes a Contrat prénuptial void if it is contrary to public order or good morals or provides that marital property is to be governed by foreign law. Clauses that fix child custody in advance, waive a child’s maintenance, or penalise a spouse for seeking a divorce are routinely refused.
Void, voidable and simply unenforceable
Section 150 is often confused with two neighbouring ideas. A acte annulable (fraud, duress, mistake, incapacity) is valid until the injured party avoids it and can be ratified; a Section 150 act was never valid. A contract that fails a formality, such as an unregistered lease over three years, is not immoral; it is simply enforceable only for three years.
| Situation | Résultat | Disposition |
|---|---|---|
| Purpose contrary to public order or good morals | Void from the start | Article 150 |
| Consent obtained by fraud or duress | Voidable, can be ratified | Sections 159 and 164 |
| Prenuptial clause applying foreign law | Void | Article 1466 |
| Money paid for an immoral purpose | Cannot be reclaimed | Article 411 |
A clause is not saved by being signed, witnessed or notarised. If its purpose is one Thai law refuses to recognise, the court will not enforce it, and the person who relied on it carries the loss.
Foire aux questions
What does good morals mean in Thai contract law?
It is the standard in Section 150 of the Civil and Commercial Code by which a court refuses effect to a juristic act whose purpose offends public order or the accepted moral values of Thai society. There is no statutory list; judges assess each agreement against prevailing social values. Contracts to evade the Land Code, to pay for sex, or to trade in the outcome of a crime are typical examples.
Can I get my money back if a contract is void under Section 150?
Usually not where the payer knew the purpose was unlawful or immoral, because Section 411 bars recovery of what was paid for such a purpose. Recovery is sometimes possible where only the other party was at fault, or where the payment can be characterised as a separate valid transaction, but a foreigner who funded a nominee land purchase should expect a difficult claim.
Is a prenuptial agreement against good morals in Thailand?
Not in itself. A prenuptial agreement registered with the marriage under Sections 1465 and 1466 is valid, but individual clauses are void if they are contrary to public order or good morals or provide that marital property be governed by foreign law. Custody clauses, penalty clauses for divorce and waivers of child support are the usual casualties.
Voir aussi : void and voidable juristic acts, candidat, Contrat prénuptial, good faith (Sections 5 and 6), and our guides on what not to include in a Thai prenuptial agreement ET actionnaires désignés thaïlandais.
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