Section 1330
Statutory text (Thai original)
สิทธิของบุคคลผู้ซื้อทรัพย์สินโดยสุจริตในการขายทอดตลาดตามคำสั่งศาล หรือคำสั่งเจ้าพนักงานรักษาทรัพย์ในคดีล้มละลายนั้น ท่านว่ามิเสียไป ถึงแม้ภายหลังจะพิสูจน์ได้ว่าทรัพย์สินนั้นมิใช่ของจำเลย หรือลูกหนี้โดยคำพิพากษา หรือผู้ล้มละลาย
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
The right of a person who has in good faith purchased property at a sale by public auction under an order of the Court or of the Official Receiver in bankruptcy is not affected even if it is subsequently proved that the property did not belong to the defendant, judgment debtor or bankrupt.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1330 is part of Book 4 (Property) of the Thai Civil and Commercial Code. This entry is awaiting firm-authored commentary; the statutory text above is verbatim from the Office of the Council of State (OCS Krisdika) Thai source, with the English translation from the FAO/UN FAOLEX repository. Always rely on the Thai original for legal proceedings.
Why this matters in practice
Lawyers: the section 1330 shield requires only that the buyer acted in good faith at the time of purchase; subsequent knowledge of a defect does not retroactively destroy the protection. Laypersons: buying at a court auction is one of the safest ways to acquire title in Thailand because, if you act honestly, your ownership cannot be undone even if the debtor had no right to the property.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 13846/2553 (2010)
A bank that purchases at a court auction in good faith is protected by section 1330 even if the true owner had a prior unregistered claim.
Bank K purchased the disputed land in good faith at a court-ordered auction and was therefore protected under section 1330; the two plaintiffs, although they may have had a prior interest, could not claim the land back from the bank.
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Supreme Court Judgment No. 588/2562 (2019)
Section 1330 protection does not extend to a purchaser who knew of, or participated in, a collusive arrangement to deprive the true owner of their property.
The applicant's conduct and that of the plaintiff raised suspicious circumstances suggesting the applicant knew of the collusive compromise agreement and participated in the scheme; the court therefore found the applicant did not purchase in good faith and denied section 1330 protection.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.