Section 850 — Compromise — definition
Statutory text (Thai original)
อันว่าประนีประนอมยอมความนั้น คือสัญญาซึ่งผู้เป็นคู่สัญญาทั้งสองฝ่ายระงับข้อพิพาทอันใดอันหนึ่งซึ่งมีอยู่หรือจะมีขึ้นนั้นให้เสร็จไปด้วยต่างยอมผ่อนผันให้แก่กัน
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
A compromise is a contract whereby the parties settle a dispute, whether actual or contemplated by mutual concessions. feedback (/form/1-samuiforsale-contact-form.html?tmpl=component) /
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 850 is part of Book 3 (Specific Contracts) 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
For lawyers: confirm that both sides genuinely concede something — a creditor who merely adjusts repayment terms without giving up any right may not have concluded a compromise. For laypersons: a settlement agreement is only valid as a compromise if both sides give something up; if only one side makes concessions, it may be another type of contract.
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. 2389/2553 (2010)
A debt restructuring that changes only repayment terms without mutual concessions or settling a dispute is not a compromise under Section 850.
A debt-restructuring agreement that merely changed repayment terms without mutual concessions or extinguishment of the original dispute was held not to be a compromise within Section 850; the original loan obligation and its mortgage security therefore remained in force.
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Supreme Court Judgment No. 7919/2551 (2008)
The substance of an agreement, not its title, determines whether it is a compromise; mutual concessions to settle an existing dispute satisfy Section 850 even if the document is headed 'acknowledgment of debt'.
A document headed 'acknowledgment of debt' was held to be a compromise under Section 850 because its substance showed both parties settling an existing dispute over the debt by mutual concessions; the ten-year prescription applicable to compromises under Section 193/32 therefore applied.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does a compromise have to be in writing?
No specific form is required under the CCC. A compromise may be oral or evidenced by conduct, though a written agreement is strongly advisable. Note that a court settlement (สัญญาประนีประนอมยอมความในชั้นศาล) recorded in the court's minutes has a different enforcement mechanism.