Book 3 — Specific Contracts

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.

Core section

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.

  • compromise
  • settlement
  • mutual concessions
  • extinguish dispute
  • contract

Supreme Court decisions interpreting this section

  1. 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.

    Read the full decision (deka.in.th)

  2. 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.

    Read the full decision (deka.in.th)

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.

Related guides on ThaiLawOnline

This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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