Book 1: General Principles
Foundational concepts: natural and juristic persons, juristic acts, agency, time, and prescription.
Sections 1 to 193/35 · 225 sections in the official text
Last reviewed: 12 October 2026
Start here: Contracts, loans and guarantees
Amendments recorded for this Book
- Emergency Decree Amending the Civil and Commercial Code B.E. 2564 (2021) , in force 11 April 2021. Sections: 7
The list above is built from the amendment notes on our section pages.
Other amending instruments
Source: footnotes in the consolidated text published by the Office of the Council of State (version in force 25 March 2025). Each instrument is listed with the sections whose current wording it gave; amendments later replaced by another instrument are not shown. English names are our translation, not yet reviewed by the firm.
Annotated sections in this Book
Title 1: General Provisions
- §4Application of the lawApplication of the law.
- §5Good faith, exercise of rightsEvery right must be exercised, and every duty performed, in good faith. Thai courts use this as a residual fairness override on any contractual or…
- §6Presumption of good faith Draft heading, not yet reviewed by the firmSection 6 establishes a rebuttable presumption that every person acts in good faith. The party alleging bad faith bears the burden of proving it.
- §7Default interest rate where none is fixed Draft heading, not yet reviewed by the firmSection 7 sets the fallback interest rate that applies whenever interest is due but no rate is fixed by a juristic act or express statutory…
- §8Force majeureForce majeure.
- §9Signature and marks on documents required by law Draft heading, not yet reviewed by the firmWhere the law requires a document in writing, the person need not write it personally but must sign it. A fingerprint, cross, seal or similar… Draft, not yet reviewed by the firm
- §10Reading an ambiguous term so that it has effect Draft heading, not yet reviewed by the firmWhere a term in a document can be read in two ways, the reading that makes it enforceable is to be preferred over the reading… Draft, not yet reviewed by the firm
- §11Doubtful terms read in favour of the obligor Draft heading, not yet reviewed by the firmWhere there is doubt, the interpretation is to be made in favour of the party who would have to bear the burden arising from the… Draft, not yet reviewed by the firm
- §12Sums stated in words and in figures Draft heading, not yet reviewed by the firmWhere a sum or quantity in a document is stated both in words and in figures and the two do not agree, and the real… Draft, not yet reviewed by the firm
- §13Sums stated several times and not agreeing Draft heading, not yet reviewed by the firmWhere a sum or quantity is stated several times in words, or several times in figures, and the statements disagree, and the real intention cannot… Draft, not yet reviewed by the firm
- §14Thai text prevails in multilingual documents Draft heading, not yet reviewed by the firmWhere a document is made in several languages, one of them Thai, and the texts differ, the Thai text governs if it cannot be ascertained… Draft, not yet reviewed by the firm
Title 2: Persons
Chapter 1: Natural Persons
Part 1: Status of Persons
- §15Beginning of personalityBeginning of personality.
- §16Calculation of a person's age Draft heading, not yet reviewed by the firmA person's age is counted from the day of birth. If only the month of birth is known, the first day of that month is… Draft, not yet reviewed by the firm
- §17Presumed simultaneous death in a common peril Draft heading, not yet reviewed by the firmWhere several persons die in a common peril and it cannot be determined who died first or later, they are treated as having died at… Draft, not yet reviewed by the firm
- §18Right to use of a nameRight to use of a name.
Part 2: Capacity
- §19Age of majority Draft heading, not yet reviewed by the firmUnder the Code, a person ceases to be a minor and attains majority (the status of a legal adult) once they have completed twenty full… Draft, not yet reviewed by the firm
- §20Majority by marriage Draft heading, not yet reviewed by the firmA minor ceases to be a minor and attains legal majority at the time of marriage, but only if the marriage was made in accordance… Draft, not yet reviewed by the firm
- §21Minor's juristic acts need representative's consent Draft heading, not yet reviewed by the firmA minor must obtain the prior consent of their legal representative before doing any juristic act. An act done by the minor without that consent… Draft, not yet reviewed by the firm
- §22Minor's acts gaining rights or shedding duties Draft heading, not yet reviewed by the firmA minor may do any act at all, so long as it merely serves to acquire a right or to be released from a duty. Draft, not yet reviewed by the firm
- §23Minor's strictly personal acts Draft heading, not yet reviewed by the firmUnder this section, a minor may do any act that has to be done by the minor personally and cannot be done through someone else. Draft, not yet reviewed by the firm
- §24Minor's acts suited to their station and needs Draft heading, not yet reviewed by the firmUnder this section, a minor may do any act that is suited to their station in life and is necessary for their reasonable living needs. Draft, not yet reviewed by the firm
- §25Minor's capacity to make a will Draft heading, not yet reviewed by the firmA person who is still a minor may nonetheless make a will, provided they have completed fifteen full years of age. The section states this… Draft, not yet reviewed by the firm
- §26Minor's disposal of property with permission Draft heading, not yet reviewed by the firmIf the legal representative permits a minor to dispose of property for a specified purpose, the minor may dispose of it freely within that purpose.… Draft, not yet reviewed by the firm
- §27Minor's business or employment with consent Draft heading, not yet reviewed by the firmThe legal representative may consent to a minor carrying on a business or entering an employment contract; if consent is unreasonably refused, the minor may… Draft, not yet reviewed by the firm
- §28Court order declaring a person incompetent Draft heading, not yet reviewed by the firmOn application by a spouse, ascendant, descendant, guardian or carer, or the public prosecutor, the court may declare a person of unsound mind incompetent. That… Draft, not yet reviewed by the firm
- §29Acts of a person declared incompetent Draft heading, not yet reviewed by the firmUnder this section, any act at all that is done by a person whom the court has declared incompetent is treated as voidable, which is… Draft, not yet reviewed by the firm
- §30Acts of an unsound person not yet declared incompetent Draft heading, not yet reviewed by the firmAn act by a person of unsound mind whom the court has not declared incompetent is voidable only if done while actually of unsound mind… Draft, not yet reviewed by the firm
- §31Revocation of an incompetence order Draft heading, not yet reviewed by the firmIf the cause of incompetence has ended, the court revokes the order on application by the person concerned or by any person mentioned in section… Draft, not yet reviewed by the firm
- §32Court order declaring a person quasi-incompetent Draft heading, not yet reviewed by the firmThe court may declare a person quasi-incompetent, on application by a person named in section 28, where physical infirmity, unsound mind, habitual prodigality, habitual intoxication… Draft, not yet reviewed by the firm
- §33Switching between incompetence and quasi-incompetence Draft heading, not yet reviewed by the firmIf, in a case seeking a declaration of incompetence for unsound mind, the person is found merely mentally infirm, the court may declare them quasi-incompetent… Draft, not yet reviewed by the firm
- §34Acts needing the curator's consent Draft heading, not yet reviewed by the firmA quasi-incompetent person needs the curator's prior consent for listed acts, including investing property, borrowing or lending, giving a guarantee, long leases, gifts, building works,… Draft, not yet reviewed by the firm
- §35Court permission where the curator unreasonably refuses Draft heading, not yet reviewed by the firmIf the curator unreasonably refuses consent to an act listed in section 34, the court may, on the quasi-incompetent person's application, permit them to do… Draft, not yet reviewed by the firm
- §36End of quasi-incompetencyWhere the cause for which the court declared a person quasi-incompetent has come to an end, the provisions of section 31 apply to that situation… Draft, not yet reviewed by the firm
Part 3: Domicile
- §37DomicileDomicile.
- §38Domicile of a person with several residences Draft heading, not yet reviewed by the firmWhere an individual has several residences that they live in alternately, or several places where they habitually work, any one of them is to be… Draft, not yet reviewed by the firm
- §39Residence treated as domicile where domicile is unknown Draft heading, not yet reviewed by the firmIf a person's domicile is not apparent, the law deems the place where they reside to be their domicile. In that situation the place of… Draft, not yet reviewed by the firm
- §40Domicile of a person with no fixed residence Draft heading, not yet reviewed by the firmFor an individual with no habitual residence, or who lives by travelling about without a fixed place of work, the place where they are found… Draft, not yet reviewed by the firm
- §41Change of domicile Draft heading, not yet reviewed by the firmA person's domicile changes when they move their residence together with a clearly manifested intention to change domicile; the section requires both the move and… Draft, not yet reviewed by the firm
- §42Special domicile for a particular act Draft heading, not yet reviewed by the firmIf a person chooses a place with a clearly manifested intention that it be their special domicile for a particular act, that place is treated… Draft, not yet reviewed by the firm
- §43Domicile of spousesThe domicile of spouses is the residence where they live together as spouses, unless one of them has clearly declared an intention to have a… Draft, not yet reviewed by the firm
- §44Domicile of a minor Draft heading, not yet reviewed by the firmA minor's domicile is that of the legal representative who exercises parental power, or of the guardian. Where the minor is under the parental power… Draft, not yet reviewed by the firm
- §45Domicile of an incompetent person Draft heading, not yet reviewed by the firmUnder this section, the domicile of an incompetent person, meaning a person whom the court has declared incompetent, is the same as the domicile of… Draft, not yet reviewed by the firm
- §46Domicile of a public official Draft heading, not yet reviewed by the firmA public official's domicile is the place where they perform their duties by virtue of their post, provided the post is not temporary or periodical… Draft, not yet reviewed by the firm
- §47Domicile of an imprisoned person Draft heading, not yet reviewed by the firmThe domicile of a person imprisoned under a final court judgment, or under a lawful order, is the prison or correctional institution where they are… Draft, not yet reviewed by the firm
Part 4: Disappearance
- §48Court measures for the property of an absent person Draft heading, not yet reviewed by the firmWhere someone leaves their domicile or residence without appointing a general agent and nobody knows whether they are alive, the court may, on application, order… Draft, not yet reviewed by the firm
- §49Absent person's general agent ceasing or harming Draft heading, not yet reviewed by the firmWhere an absent person appointed a general agent but the agency has ended, or the agent is managing the property in a way that may… Draft, not yet reviewed by the firm
- §50Inventory of an absent person's property by the agent Draft heading, not yet reviewed by the firmOn application by an interested person or the public prosecutor, the court may order the general agent to draw up an inventory of the absent… Draft, not yet reviewed by the firm
- §51Agent needs court permission to exceed authority Draft heading, not yet reviewed by the firmSubject to section 802, if a general agent considers it necessary to do an act beyond the authority given, the agent must apply for court… Draft, not yet reviewed by the firm
- §52Time limit for the manager's inventory Draft heading, not yet reviewed by the firmA property manager appointed by the court must finish the inventory of the absent person's property within three months of learning of the appointment order.… Draft, not yet reviewed by the firm
- §53Witnesses certifying a property inventory Draft heading, not yet reviewed by the firmAn inventory under sections 50 and 52 must be certified by the signatures of at least two witnesses, who must be adult spouses or relatives… Draft, not yet reviewed by the firm
- §54Powers of a manager of propertyA court-appointed property manager has the same powers and duties as a general agent under sections 801 and 802. If the manager considers it necessary… Draft, not yet reviewed by the firm
- §55Absent person's special agent and the manager Draft heading, not yet reviewed by the firmIf an absent person appointed an agent with special authority, the property manager cannot interfere in that special agency. If the agent's conduct appears likely… Draft, not yet reviewed by the firm
- §56Court orders concerning the property manager Draft heading, not yet reviewed by the firmOn application by an interested person or the public prosecutor, or of its own motion, the court may require the manager to give proper security… Draft, not yet reviewed by the firm
- §57Remuneration of the property manager Draft heading, not yet reviewed by the firmThe court may fix the manager's remuneration, paid from the absent person's property, in the appointment order or later on the manager's application. On application,… Draft, not yet reviewed by the firm
- §58End of the property manager's office Draft heading, not yet reviewed by the firmThe office of a property manager ends when the absent person returns, has arranged management of their property, dies or is declared disappeared, or when… Draft, not yet reviewed by the firm
- §59Duties when a manager's office ends Draft heading, not yet reviewed by the firmWhen a manager's office ends under section 58 (4), (5) or (6), the manager or the person responsible for the manager's property (such as an… Draft, not yet reviewed by the firm
- §60Agency rules applied to an absent person's property Draft heading, not yet reviewed by the firmThe Code's provisions on agency apply, with the necessary adaptations (mutatis mutandis), to the management of the property of an absent person, so that the… Draft, not yet reviewed by the firm
- §61Adjudication of disappearance Draft heading, not yet reviewed by the firmIf a person has left their domicile or residence and it has been uncertain for five years whether they are alive, the court may on… Draft, not yet reviewed by the firm
- §62Deemed date of death of a person declared disappeared Draft heading, not yet reviewed by the firmA person whom the court has declared disappeared is deemed to have died when the period specified in section 61 came to an end. The… Draft, not yet reviewed by the firm
- §63Revoking an adjudication of disappearanceThe court revokes an adjudication of disappearance if the person, an interested person or the public prosecutor applies and proves that the person is alive… Draft, not yet reviewed by the firm
- §64Publication of disappearance orders Draft heading, not yet reviewed by the firmUnder this section, a court order adjudging a person disappeared, and an order revoking that adjudication, are each to be published in the Government Gazette. Draft, not yet reviewed by the firm
Chapter 2: Juristic Persons
Part 1: General Provisions
- §65Creation of juristic persons Draft heading, not yet reviewed by the firmUnder this section, a juristic person can come into existence only by virtue of the authority of this Code or of some other law; it… Draft, not yet reviewed by the firm
- §66Juristic persons, definitionA juristic person has rights and duties under this Code or other law, but only within the scope of the powers and duties, or the…
- §67Juristic person rights and dutiesJuristic person rights and duties.
- §68Domicile of a juristic person Draft heading, not yet reviewed by the firmThe domicile of a juristic person is the place of its principal office or establishment, or the place chosen as its special domicile for particular… Draft, not yet reviewed by the firm
- §69Domicile of branches and other establishments Draft heading, not yet reviewed by the firmWhere a juristic person has several establishments or a branch office, the place of each establishment or branch is also treated as its domicile for… Draft, not yet reviewed by the firm
- §70Representation of juristic personRepresentation of juristic person.
- §71Majority decisions of several representatives Draft heading, not yet reviewed by the firmWhere a juristic person has several representatives, its affairs are conducted by majority vote of those representatives, unless the law, its regulations or its constitutive… Draft, not yet reviewed by the firm
- §72Changing a juristic person's representatives or their powers Draft heading, not yet reviewed by the firmA change of representatives, or a restriction or alteration of their powers, takes effect once the law, regulations or constitutive instrument have been complied with,… Draft, not yet reviewed by the firm
- §73Temporary representative for a vacancy Draft heading, not yet reviewed by the firmIf a vacancy arises among a juristic person's representatives and there is reason to believe that leaving it open could cause damage, the court may,… Draft, not yet reviewed by the firm
- §74Representative with a conflict of interest Draft heading, not yet reviewed by the firmWhere a juristic person's interests conflict with those of its representative in a particular matter, that representative cannot act as the juristic person's representative in… Draft, not yet reviewed by the firm
- §75Special representative where a conflict leaves too few representatives Draft heading, not yet reviewed by the firmIf the conflict under section 74 leaves no representatives, or too few for a quorum or for the act, and the law, regulations or constitutive… Draft, not yet reviewed by the firm
- §76Liability of a juristic person for its representatives Draft heading, not yet reviewed by the firmA juristic person must compensate others for damage caused by its representatives, or persons empowered to act for it, in performing their functions, keeping its… Draft, not yet reviewed by the firm
- §77Agency rules applied to juristic persons Draft heading, not yet reviewed by the firmThe Code's provisions on agency apply, with the necessary adaptations, to the relationship between a juristic person and its representatives, and between the juristic person… Draft, not yet reviewed by the firm
Part 2: Associations
- §78Formation of an association Draft heading, not yet reviewed by the firmAn association formed to carry out a continuing joint activity that is not for sharing profits or income among its members must have regulations and… Draft, not yet reviewed by the firm
- §79Required contents of association regulations Draft heading, not yet reviewed by the firmAn association's regulations must contain at least: its name and objects; the addresses of its head office and branches; rules on admitting members and ending… Draft, not yet reviewed by the firm
- §80Name of an association Draft heading, not yet reviewed by the firmUnder this section, an association must use a name that includes the word "association" (สมาคม) together with the particular name by which the association is… Draft, not yet reviewed by the firm
- §81Application to register an association Draft heading, not yet reviewed by the firmAt least three prospective members must jointly apply in writing to the registrar of the area of the planned head office, attaching the regulations and… Draft, not yet reviewed by the firm
- §82Registrar's decision on registering an association Draft heading, not yet reviewed by the firmThe registrar must register the association, issue a certificate and announce it in the Government Gazette if the application, regulations and objects meet the stated… Draft, not yet reviewed by the firm
- §83A registered association is a juristic person Draft heading, not yet reviewed by the firmUnder this section, an association that has been registered is a juristic person, that is, it is recognised as having legal personality in its own… Draft, not yet reviewed by the firm
- §84Amending an association's regulations Draft heading, not yet reviewed by the firmRegulations may be amended only by a resolution of a general meeting. The association must register the amended regulations with the registrar of its head… Draft, not yet reviewed by the firm
- §85Appointing or changing an association's committee Draft heading, not yet reviewed by the firmA new committee, or a change of committee members, follows the regulations and must be registered with the registrar within thirty days. The registrar may… Draft, not yet reviewed by the firm
- §86Committee's conduct of the association's affairs Draft heading, not yet reviewed by the firmThe association's committee carries on the association's affairs in accordance with the law and the regulations, and does so under the supervision and control of… Draft, not yet reviewed by the firm
- §87Committee as the association's representative Draft heading, not yet reviewed by the firmUnder this section, in matters concerning third parties the committee of the association is its representative, so the association deals with outsiders through its committee. Draft, not yet reviewed by the firm
- §88Validity of committee acts despite defects Draft heading, not yet reviewed by the firmActs done by the association's committee remain valid even if it later appears that there was a defect in the appointment or in the qualifications… Draft, not yet reviewed by the firm
- §89Members' right to inspect the association Draft heading, not yet reviewed by the firmA member of an association has the right to inspect both the affairs and the property of the association, and may do so during the… Draft, not yet reviewed by the firm
- §90Payment of membership subscriptions Draft heading, not yet reviewed by the firmA member must pay the full subscription on the day of joining, or at the start of the subscription period as the case may be,… Draft, not yet reviewed by the firm
- §91Withdrawal from an association Draft heading, not yet reviewed by the firmA member may resign from the association at any time, unless the association's regulations provide otherwise. The right to withdraw is therefore the default position… Draft, not yet reviewed by the firm
- §92Members' liability for association debts Draft heading, not yet reviewed by the firmEach member's liability for the debts of the association is limited to the amount of subscription that member still owes and has not yet paid. Draft, not yet reviewed by the firm
- §93Annual ordinary general meeting Draft heading, not yet reviewed by the firmUnder this section, the committee of an association must arrange for an ordinary general meeting of the association to be held at least once every… Draft, not yet reviewed by the firm
- §94Extraordinary general meetings Draft heading, not yet reviewed by the firmThe committee may call an extraordinary general meeting when it sees fit. Members numbering at least one fifth of all members, at least one hundred,… Draft, not yet reviewed by the firm
- §95Notice of general meetings Draft heading, not yet reviewed by the firmNotice of a general meeting must be sent to every registered member at least seven days beforehand, or published at least twice in a local… Draft, not yet reviewed by the firm
- §96Quorum at general meetings Draft heading, not yet reviewed by the firmA general meeting needs at least half of all members present to form a quorum, unless the regulations fix otherwise. Without a quorum, a meeting… Draft, not yet reviewed by the firm
- §97Decisions and voting at general meetings Draft heading, not yet reviewed by the firmResolutions of a meeting are decided by majority of votes, unless the regulations require a special majority. Each member has one vote, and if the… Draft, not yet reviewed by the firm
- §98Voting by proxy at an association meetingA member may give another member authority to attend a meeting and vote in their place. The regulations of the association may provide otherwise, in… Draft, not yet reviewed by the firm
- §99Voting bar on members with a conflicting interest Draft heading, not yet reviewed by the firmA committee member or ordinary member whose interest in a matter conflicts with the interest of the association cannot vote on the resolution concerning that… Draft, not yet reviewed by the firm
- §100Cancelling resolutions of irregular meetings Draft heading, not yet reviewed by the firmIf a meeting was called, or a resolution passed, in breach of the association's regulations or these provisions, a member or the public prosecutor may… Draft, not yet reviewed by the firm
- §101Grounds for dissolving an association Draft heading, not yet reviewed by the firmAn association is dissolved on the grounds in its regulations, expiry of a fixed period, completion of its undertaking, a general meeting resolution, bankruptcy, removal… Draft, not yet reviewed by the firm
- §102Registrar's power to strike an association off the register Draft heading, not yet reviewed by the firmThe registrar may strike an association off if its objects, found unlawful or dangerous after registration, are not corrected as ordered; if its activities are… Draft, not yet reviewed by the firm
- §103Notice and appeal after an association is struck off Draft heading, not yet reviewed by the firmAfter ordering an association struck off under section 102, the registrar must promptly notify it with reasons and announce the dissolution in the Government Gazette.… Draft, not yet reviewed by the firm
- §104Court dissolution at an interested person's request Draft heading, not yet reviewed by the firmIn a case under section 102, an interested person may ask the registrar to strike the association off. If the registrar does not act and… Draft, not yet reviewed by the firm
- §105Notifying the registrar of an association's dissolution Draft heading, not yet reviewed by the firmWhen an association is dissolved under section 101 (1), (2), (3) or (4), the committee then in office must notify the registrar within fourteen days.… Draft, not yet reviewed by the firm
- §106Liquidation of a dissolved association Draft heading, not yet reviewed by the firmOn dissolution, the association must be liquidated, and the provisions of Book 3, Title 22 on liquidation of registered partnerships, limited partnerships and limited companies… Draft, not yet reviewed by the firm
- §107Surplus assets after liquidation Draft heading, not yet reviewed by the firmAfter liquidation, remaining assets cannot be divided among members. They must go to an association, foundation or other juristic person with public charitable objects, named… Draft, not yet reviewed by the firm
- §108Inspecting association documents held by the registrar Draft heading, not yet reviewed by the firmA person who wishes to inspect association documents kept by the registrar, or to obtain certified copies of them, must apply to the registrar. On… Draft, not yet reviewed by the firm
- §109Minister of the Interior's charge and regulation-making power Draft heading, not yet reviewed by the firmThe Minister of the Interior is in charge of carrying out these provisions, appoints the registrar and may issue ministerial regulations on applications and registration,… Draft, not yet reviewed by the firm
Part 3: Foundations
- §110Meaning of a foundation Draft heading, not yet reviewed by the firmA foundation is property specially set aside for charitable, public, religious, artistic, scientific, literary, educational or other public-benefit purposes, not for sharing profit, and registered… Draft, not yet reviewed by the firm
- §111Foundation regulations and committee Draft heading, not yet reviewed by the firmA foundation must have regulations and must have a committee of at least three persons. The committee conducts the foundation's affairs in accordance with the… Draft, not yet reviewed by the firm
- §112Required contents of foundation regulations Draft heading, not yet reviewed by the firmA foundation's regulations must contain at least its name and objects, the addresses of its head office and branches, its property at the time of… Draft, not yet reviewed by the firm
- §113Foundation, name requirementsEvery foundation must include the word 'foundation' (มูลนิธิ) in its registered name as a mandatory element of its legal identity.
- §114Application to register a foundation Draft heading, not yet reviewed by the firmThe founder files a written application with the registrar of the area of the planned head office, stating at least the owner and list of… Draft, not yet reviewed by the firm
- §115Registration of a foundation, refusal and appealThe registrar registers the foundation, issues a certificate and announces it in the Government Gazette if the application, regulations and objects meet the conditions and… Draft, not yet reviewed by the firm
- §116Withdrawing a foundation application Draft heading, not yet reviewed by the firmBefore the registrar registers the foundation, the applicant may withdraw by written notice to the registrar. This right does not pass to heirs. Where there… Draft, not yet reviewed by the firm
- §117Death of an applicant before registration Draft heading, not yet reviewed by the firmIf the applicant for creating t he foundation dies before the registration by the registrar, and the deceased does not make a will revoking the…
- §118Foundation created by willWhere a will provides for a foundation under section 1676, the person charged under section 1677 must apply for registration under section 114. If they… Draft, not yet reviewed by the firm
- §119Particulars missing from a will creating a foundation Draft heading, not yet reviewed by the firmWhere a will for a foundation omits the particulars in section 112 (1), (3), (5) or (6), the applicant under section 118 may supply them.… Draft, not yet reviewed by the firm
- §120Conflicting applications under the same will Draft heading, not yet reviewed by the firmWhere several people apply to register a foundation under the same deceased's will and their applications conflict, the registrar summons them to agree. If they… Draft, not yet reviewed by the firm
- §121When foundation property vests in the foundation Draft heading, not yet reviewed by the firmOnce the foundation is registered, property set aside for it vests in the foundation from the date of registration if the applicant is alive. If… Draft, not yet reviewed by the firm
- §122A registered foundation is a juristic person Draft heading, not yet reviewed by the firmUnder this section, a foundation that has been registered is a juristic person, that is, it is recognised as having legal personality in its own… Draft, not yet reviewed by the firm
- §123Committee as the foundation's representative Draft heading, not yet reviewed by the firmUnder this section, in matters concerning third parties the committee of the foundation is its representative, so the foundation deals with outsiders through its committee. Draft, not yet reviewed by the firm
- §124Validity of foundation committee acts despite defects Draft heading, not yet reviewed by the firmActs done by the foundation's committee remain valid even if it later appears that there was a defect in the appointment or in the qualifications… Draft, not yet reviewed by the firm
- §125Appointing or changing a foundation's committee Draft heading, not yet reviewed by the firmA new committee, or a change of members, follows the regulations and must be registered within thirty days. The registrar may refuse an unsuitable member,… Draft, not yet reviewed by the firm
- §126Amending a foundation's regulations Draft heading, not yet reviewed by the firmSubject to section 127, the foundation's committee may amend its regulations, following any procedure the regulations lay down. The amended regulations must be registered with… Draft, not yet reviewed by the firm
- §127Limits on amending a foundation's objects Draft heading, not yet reviewed by the firmThe foundation's objects (section 112 (2)) may be amended only to make it possible to carry them out, or where changed circumstances make them of… Draft, not yet reviewed by the firm
- §128Registrar's supervision of foundations Draft heading, not yet reviewed by the firmThe registrar may inspect and supervise a foundation's operations for compliance with the law and its regulations. The registrar, or an officer authorised in writing,… Draft, not yet reviewed by the firm
- §129Court removal of foundation directors Draft heading, not yet reviewed by the firmThe registrar, public prosecutor or an interested person may ask the court to remove a director who mismanages the foundation, breaches the law or regulations,… Draft, not yet reviewed by the firm
- §130Grounds for dissolving a foundation Draft heading, not yet reviewed by the firmA foundation is dissolved on the grounds stated in its regulations, expiry of a fixed period, full achievement or impossibility of its objects, bankruptcy, or… Draft, not yet reviewed by the firm
- §131Court order dissolving a foundation Draft heading, not yet reviewed by the firmOn application by the registrar, the public prosecutor or an interested person, the court may order a foundation dissolved if its objects are contrary to… Draft, not yet reviewed by the firm
- §132Notifying the registrar of a foundation's dissolution Draft heading, not yet reviewed by the firmWhen a foundation is dissolved under section 130 (1), (2) or (3), the committee then in office must notify the registrar within fourteen days. Where… Draft, not yet reviewed by the firm
- §133Liquidation of a dissolved foundation Draft heading, not yet reviewed by the firmOn dissolution the foundation must be liquidated, with the provisions of Book 3, Title 22 on liquidating registered partnerships, limited partnerships and limited companies applying… Draft, not yet reviewed by the firm
- §134Transfer of a dissolved foundation's assets Draft heading, not yet reviewed by the firmAfter liquidation, the foundation's property goes to the foundation or juristic person with objects under section 110 named in its regulations. If none is named,… Draft, not yet reviewed by the firm
- §135Inspecting foundation documents held by the registrar Draft heading, not yet reviewed by the firmA person who wishes to inspect foundation documents kept by the registrar, or to obtain certified copies of them, must apply to the registrar. On… Draft, not yet reviewed by the firm
- §136Minister of the Interior's charge of the foundation provisions Draft heading, not yet reviewed by the firmThe Minister of the Interior is in charge of carrying out these provisions, appoints the registrar and may issue ministerial regulations on applications and registration,… Draft, not yet reviewed by the firm
Title 3: Things
- §137Meaning of a thing Draft heading, not yet reviewed by the firmIn the Code, a "thing" (ทรัพย์) means a corporeal object, that is, an object that has a physical form. The section is a definition and… Draft, not yet reviewed by the firm
- §138Meaning of property Draft heading, not yet reviewed by the firmProperty (ทรัพย์สิน) includes both things and incorporeal objects, provided they are capable of having a value and of being appropriated, that is, taken into someone's… Draft, not yet reviewed by the firm
- §139Meaning of immovable property Draft heading, not yet reviewed by the firmImmovable property means land and things attached to the land permanently or forming one body with it. It also includes real rights connected with the… Draft, not yet reviewed by the firm
- §140Meaning of movable property Draft heading, not yet reviewed by the firmUnder the Code, movable property is defined by exclusion: it means any property other than immovable property, and it also includes rights connected with that… Draft, not yet reviewed by the firm
- §141Meaning of divisible things Draft heading, not yet reviewed by the firmA divisible thing is one that can be separated into parts that are actually and clearly distinct, each part forming a complete whole by itself. Draft, not yet reviewed by the firm
- §142Meaning of indivisible things Draft heading, not yet reviewed by the firmAn indivisible thing is one that cannot be separated without altering its nature, and the term also covers things that the law provides to be… Draft, not yet reviewed by the firm
- §143Things outside commerce Draft heading, not yet reviewed by the firmUnder the Code, things outside commerce are things that cannot be appropriated, together with things that cannot lawfully be transferred from one person to another. Draft, not yet reviewed by the firm
- §144Component parts of a thing Draft heading, not yet reviewed by the firmA component part is a part that, by the nature of the thing or local custom, is essential to the thing's existence and cannot be… Draft, not yet reviewed by the firm
- §145Trees and crops as component parts of land Draft heading, not yet reviewed by the firmPerennial trees are component parts of the land on which they grow. Annual plants and cereal crops that can be harvested once or several times… Draft, not yet reviewed by the firm
- §146Component parts of immovableThings fixed to land or to a building only temporarily are not component parts of that land or building. The same applies to buildings or… Draft, not yet reviewed by the firm
- §147Accessories of a principal thing Draft heading, not yet reviewed by the firmAn accessory is a movable thing that, by local custom or the owner's clear intention, is habitually used with a principal thing to help manage,… Draft, not yet reviewed by the firm
- §148Natural fruit and legal fruit of a thing Draft heading, not yet reviewed by the firmFruits of a thing are natural or legal. Natural fruit is what a thing naturally produces from itself through ordinary possession or use and can… Draft, not yet reviewed by the firm
Title 4: Juristic Acts
Chapter 1: General Provisions
- §149Juristic act, definitionJuristic act, definition.
- §150Acts contrary to public order or good morals are voidAny agreement, gift or other juristic act whose object is expressly prohibited by law, impossible, or against public order or good morals has no legal…
- §151Acts differing from non-mandatory law Draft heading, not yet reviewed by the firmUnder this section, an act that differs from a provision of law is not void merely for that reason, if the law does not concern… Draft, not yet reviewed by the firm
- §152Acts not in required form are voidActs not in required form are void.
- §153Acts breaching capacity rules are voidable Draft heading, not yet reviewed by the firmUnder this section, an act that is not carried out in accordance with the legal provisions on the capacity of persons is voidable (โมฆียะ). The… Draft, not yet reviewed by the firm
Chapter 2: Declaration of Intention
- §154Secret mental reservation Draft heading, not yet reviewed by the firmA declaration of intention is not void merely because the declarant did not, in their own mind, intend to be bound by what they expressed,… Draft, not yet reviewed by the firm
- §155Sham declarations of intention Draft heading, not yet reviewed by the firmA fictitious declaration of intention made in collusion with the other party is void, but this cannot be raised against a third party who acted… Draft, not yet reviewed by the firm
- §156Mistake as to an essential element Draft heading, not yet reviewed by the firmA declaration of intention made under a mistake about something essential to the juristic act is void. Such mistakes include mistakes as to the nature… Draft, not yet reviewed by the firm
- §157Mistake as to essential elementA declaration of intention made by mistake as to a quality of the person or property is voidable, where the quality is one ordinarily regarded…
- §158Mistake caused by gross negligence Draft heading, not yet reviewed by the firmIf a mistake under section 156 or 157 arose from the declarant's own gross negligence, the declarant cannot rely on that mistake for their own… Draft, not yet reviewed by the firm
- §159Fraud as a ground for voidanceFraud as a ground for voidance.
- §160Avoidance for fraud and the third party in good faithAvoidance of a voidable act on the ground of fraud under section 159 may not be raised against a third party who acted in good… Draft, not yet reviewed by the firm
- §161Fraud that merely induces onerous terms Draft heading, not yet reviewed by the firmWhere fraud merely induced a party to accept terms more onerous than they would normally accept, that party cannot avoid the act but may claim… Draft, not yet reviewed by the firm
- §162Fraud by silence in bilateral acts Draft heading, not yet reviewed by the firmIn a bilateral juristic act, deliberate silence by one party about a fact or quality unknown to the other is fraud if it is proved… Draft, not yet reviewed by the firm
- §163Fraud on both sidesWhere both parties to an act have each acted with fraud, neither of them may allege the other's fraud, either to avoid the act or… Draft, not yet reviewed by the firm
- §164Duress as a ground for voidanceDuress as a ground for voidance.
- §165Limits of duress: lawful threats and reverential fearThreatening to exercise a right in the normal way does not constitute duress. Equally, an act done out of reverential fear (respect for a superior)…
- §166Duress and duress by a third person Draft heading, not yet reviewed by the firmUnder this section, duress makes a declaration of intention voidable, even where the duress is exercised by a third person rather than by the other… Draft, not yet reviewed by the firm
- §167Factors in judging mistake, fraud or duress Draft heading, not yet reviewed by the firmIn deciding cases of mistake, fraud or duress, regard must be had to the declarant's sex, age, position, health and state of mind, together with… Draft, not yet reviewed by the firm
- §168Declarations made to a person who is present Draft heading, not yet reviewed by the firmA declaration of intention made to a person who is present takes effect from the time the recipient becomes aware of it. This also applies… Draft, not yet reviewed by the firm
- §169Declarations made to a person who is absent Draft heading, not yet reviewed by the firmA declaration made to a person not present takes effect when it reaches the recipient, but is of no effect if a withdrawal reaches the… Draft, not yet reviewed by the firm
- §170Declarations made to minors and incompetent persons Draft heading, not yet reviewed by the firmA declaration made to a minor, or to a person declared incompetent or quasi-incompetent, cannot be raised against the recipient unless their legal representative, guardian… Draft, not yet reviewed by the firm
- §171Interpreting a declaration by its true intention Draft heading, not yet reviewed by the firmUnder this section, in interpreting a declaration of intention, the true intention is to be sought in preference to the literal words, expressions or letters… Draft, not yet reviewed by the firm
Chapter 3: Void and Voidable Acts
- §172Restitution after void juristic actA void act cannot be ratified, and any interested person may invoke its nullity. If property must be returned, the provisions on undue enrichment (Section…
- §173Part of a juristic act being void Draft heading, not yet reviewed by the firmIf any part of a juristic act is void, the whole act is void, unless the circumstances support the assumption that the parties intended the… Draft, not yet reviewed by the firm
- §174Void act treated as another valid juristic act Draft heading, not yet reviewed by the firmAn act that is void but meets the requirements of another juristic act that is not void is treated as that other act, if the… Draft, not yet reviewed by the firm
- §175Who may avoid a voidable actSection 175 sets out who may avoid a voidable act, beginning with the legal representative or the minor once he has become sui juris, and…
- §176Effect of avoiding a voidable act Draft heading, not yet reviewed by the firmWhen a voidable act is avoided, it is treated as void from the start and the parties are restored to their former position, or compensated… Draft, not yet reviewed by the firm
- §177Ratification by a person entitled to avoid Draft heading, not yet reviewed by the firmIf any person entitled to avoid a voidable act under section 175 ratifies it, the act is treated as valid from the beginning, without affecting… Draft, not yet reviewed by the firm
- §178How a voidable act is avoided or ratified Draft heading, not yet reviewed by the firmAvoidance or ratification of a voidable act is made by declaring that intention to the other party, who must be a specific person capable of… Draft, not yet reviewed by the firm
- §179Conditions for valid ratification Draft heading, not yet reviewed by the firmRatification of a voidable act is valid only if made after the cause of voidability has ended. A person declared incompetent or quasi-incompetent, or of… Draft, not yet reviewed by the firm
- §180Conduct treated as ratification Draft heading, not yet reviewed by the firmOnce ratification is possible under section 179, certain acts by the person entitled to avoid are treated as ratification unless rights are expressly reserved: performing… Draft, not yet reviewed by the firm
- §181Time limits for avoiding a voidable act Draft heading, not yet reviewed by the firmA voidable act cannot be avoided once one year has passed from the time when it could be ratified, or once ten years have passed… Draft, not yet reviewed by the firm
Chapter 4: Conditions and Terms
- §182Meaning of a condition Draft heading, not yet reviewed by the firmA term that makes a juristic act take effect, or cease to have effect, upon an event that is uncertain to occur in the future… Draft, not yet reviewed by the firm
- §183Conditions precedent and conditions subsequent Draft heading, not yet reviewed by the firmA juristic act subject to a condition precedent takes effect when the condition is fulfilled, and one subject to a condition subsequent ceases to have… Draft, not yet reviewed by the firm
- §184Not prejudicing the other party before fulfilment Draft heading, not yet reviewed by the firmWhile a condition is still unfulfilled, each party to a conditional juristic act must refrain from any act that would damage the benefit the other… Draft, not yet reviewed by the firm
- §185Rights of the parties while a condition is pending Draft heading, not yet reviewed by the firmWhile a condition remains unfulfilled, the parties may, as the law allows, dispose of their rights and duties under the act, pass them on by… Draft, not yet reviewed by the firm
- §186Bad faith affecting fulfilment of a condition Draft heading, not yet reviewed by the firmIf a party disadvantaged by a condition's fulfilment acts in bad faith so that it fails, the condition is treated as fulfilled. If a party… Draft, not yet reviewed by the firm
- §187Condition already fulfilled or impossible at the outset Draft heading, not yet reviewed by the firmIf a condition is already fulfilled when the act is made, a condition precedent is treated as absent and a condition subsequent makes the act… Draft, not yet reviewed by the firm
- §188Unlawful condition makes a juristic act void Draft heading, not yet reviewed by the firmA juristic act is void if it is subject to an unlawful condition, or to a condition that is contrary to public order or to… Draft, not yet reviewed by the firm
- §189Impossible conditions in a juristic act Draft heading, not yet reviewed by the firmA juristic act with an impossible condition precedent is void. A juristic act with an impossible condition subsequent is treated as having no condition at… Draft, not yet reviewed by the firm
- §190Condition depending on the will of the debtorA juristic act with a condition precedent is void if whether the condition can be fulfilled or not depends entirely on the will of the… Draft, not yet reviewed by the firm
- §191Time of commencement and time of ending Draft heading, not yet reviewed by the firmWhere a juristic act has a starting time, performance cannot be demanded before that time arrives. Where it has an ending time, the act ceases… Draft, not yet reviewed by the firm
- §192Whose benefit a time term serves, and waiver Draft heading, not yet reviewed by the firmA time of commencement or ending is presumed to be for the debtor's benefit, unless the instrument or circumstances show it was meant for the… Draft, not yet reviewed by the firm
- §193Cases where the debtor loses benefit of time Draft heading, not yet reviewed by the firmThe debtor cannot rely on a time of commencement or ending in four cases: absolute receivership under the bankruptcy law, failure to give required security,… Draft, not yet reviewed by the firm
Title 5: Periods of Time
- §193/1Computation of periods of time Draft heading, not yet reviewed by the firmThe computation of all periods of time is governed by the provisions of this Title, unless a law, a court order, rules and regulations or… Draft, not yet reviewed by the firm
- §193/2Calculation of periods in days Draft heading, not yet reviewed by the firmPeriods of time are calculated in days. Where a period is set in a unit shorter than a day, it is calculated in that unit… Draft, not yet reviewed by the firm
- §193/3Starting point for counting a period Draft heading, not yet reviewed by the firmA period shorter than a day starts counting when the act begins. A period in days, weeks, months or years excludes its first day, unless… Draft, not yet reviewed by the firm
- §193/4Meaning of "day" in legal and business matters Draft heading, not yet reviewed by the firmIn legal proceedings, official business, and commerce and industry, a day means the working hours set by law, court order or regulations, or else the… Draft, not yet reviewed by the firm
- §193/5Periods in weeks, months or years Draft heading, not yet reviewed by the firmWeeks, months and years are calculated by the calendar. If counting does not begin at the start of a week, month or year, the period… Draft, not yet reviewed by the firm
- §193/6Periods in months, days and parts of a year Draft heading, not yet reviewed by the firmFull months are counted first, then remaining days or parts of a month in days. Parts of a year are converted into months first. When… Draft, not yet reviewed by the firm
- §193/7Extension of a period of time Draft heading, not yet reviewed by the firmIf a period is extended without a starting day being fixed for the extension, the extension begins on the day after the last day of… Draft, not yet reviewed by the firm
- §193/8Where the last day of a period is a holidayIf the last day of a period falls on an official or customary holiday, the day on which business resumes after the holiday is counted… Draft, not yet reviewed by the firm
Title 6: Prescription
Chapter 1: General Provisions
- §193/9Claims barred by prescription Draft heading, not yet reviewed by the firmAny claim at all that the claimant does not enforce within the period of time fixed by law for that claim is treated as barred… Draft, not yet reviewed by the firm
- §193/10Debtor's right to refuse payment of a prescribed claim Draft heading, not yet reviewed by the firmOnce a claim is barred by prescription, the debtor has the right to refuse to make payment or otherwise perform the obligation arising under that… Draft, not yet reviewed by the firm
- §193/11Parties cannot vary statutory prescription periods Draft heading, not yet reviewed by the firmThe periods of prescription fixed by law cannot be changed by agreement between the parties: they cannot agree to disapply a period, to extend it… Draft, not yet reviewed by the firm
- §193/12When prescription begins to run Draft heading, not yet reviewed by the firmPrescription starts to run from the moment the claim can first be enforced. For a claim to refrain from doing something, it starts from the… Draft, not yet reviewed by the firm
- §193/13Prescription of claims requiring prior demand Draft heading, not yet reviewed by the firmWhere the creditor cannot enforce a claim until demand is made, prescription runs from the first time demand could be made. If the debtor need… Draft, not yet reviewed by the firm
- §193/14Interruption of prescriptionPrescription is interrupted by the debtor's acknowledgment of the claim (in writing, by part payment, by giving security, or by any unequivocal act), by the…
- §193/15Effect of interruption of prescription Draft heading, not yet reviewed by the firmWhen prescription is interrupted, the time that has already passed does not count. A fresh period of prescription starts to run from the time the… Draft, not yet reviewed by the firm
- §193/16Written acknowledgment of debts paid in instalments Draft heading, not yet reviewed by the firmWhere a debt is payable in instalments, the creditor may require the debtor to give a written acknowledgment of the debt at any time before… Draft, not yet reviewed by the firm
- §193/17Where an interrupted prescription is treated as never interruptedWhere prescription was interrupted under section 193/14 (2), it is treated as never interrupted if the action ends in a final dismissal, withdrawal or abandonment.… Draft, not yet reviewed by the firm
- §193/18Interruption of prescription under section 193/14 (3) to (5) Draft heading, not yet reviewed by the firmSection 193/17 applies, with the necessary changes, where prescription is interrupted for a reason under section 193/14 (3), (4) and (5). In those cases the… Draft, not yet reviewed by the firm
- §193/19Force majeure preventing interruption of prescriptionIf force majeure prevents the creditor from doing an act under section 193/14 when prescription would otherwise be complete, prescription is not complete until thirty… Draft, not yet reviewed by the firm
- §193/20Prescription of claims of minors and unsound persons Draft heading, not yet reviewed by the firmWhere a minor's or unsound person's claim would expire before full capacity, or within one year of lacking a representative or guardian, it is not… Draft, not yet reviewed by the firm
- §193/21Prescription of claims against a representative, guardian or curator Draft heading, not yet reviewed by the firmA claim by a minor, incompetent or quasi-incompetent person against their representative, guardian or curator is not complete until one year after full capacity or… Draft, not yet reviewed by the firm
- §193/22Prescription of claims between spousesA claim between spouses whose prescription would be complete before, or within one year of, the end of the marriage is not complete until one… Draft, not yet reviewed by the firm
- §193/23Prescription of claims for or against a deceased person Draft heading, not yet reviewed by the firmIf prescription of a claim in favour of or against a deceased person would be complete within one year of the death, it is not… Draft, not yet reviewed by the firm
- §193/24Waiver of the benefit of prescription Draft heading, not yet reviewed by the firmOnce prescription is complete, the debtor may waive its benefit. Such a waiver does not affect the rights of third persons or of a surety. Draft, not yet reviewed by the firm
- §193/25Retroactive effect of completed prescription Draft heading, not yet reviewed by the firmWhen the period of prescription is complete, its effect reaches back to the day on which prescription began to run, that is, the day from… Draft, not yet reviewed by the firm
- §193/26Prescription of accessory claims Draft heading, not yet reviewed by the firmWhen the principal claim is barred by prescription, the accessory claims are barred too, even if the prescription period for the accessory claims has not… Draft, not yet reviewed by the firm
- §193/27Secured creditors after the principal claim is barred Draft heading, not yet reviewed by the firmA mortgagee, pledgee, holder of a right of retention or preferential creditor holding the debtor's property may still enforce against it after the principal claim… Draft, not yet reviewed by the firm
- §193/28Payment of a prescribed claim cannot be recovered Draft heading, not yet reviewed by the firmAnything paid on a prescribed claim cannot be reclaimed, even if the payer did not know it was barred. This also covers a written acknowledgment… Draft, not yet reviewed by the firm
- §193/29Court cannot raise prescription on its own Draft heading, not yet reviewed by the firmWhere prescription has not been raised as a defence in the case, the court itself cannot rely on prescription as the ground for dismissing the… Draft, not yet reviewed by the firm
Chapter 2: Periods of Prescription
- §193/30General prescription period, ten yearsUnless a more specific statute says otherwise, you have ten years to bring a civil claim before it becomes time-barred.
- §193/31Prescription of State claims for taxes Draft heading, not yet reviewed by the firmThe State's claim for taxes and duties is subject to a prescription period of ten years. The State's other claims for debts are governed by… Draft, not yet reviewed by the firm
- §193/32Ten-year prescription for judgments and compromises Draft heading, not yet reviewed by the firmA claim arising from a final court judgment or a compromise agreement has a prescription period of ten years, whatever the prescription period of the… Draft, not yet reviewed by the firm
- §193/33Five-year prescription period Draft heading, not yet reviewed by the firmFive years applies to arrears of interest, instalment payments of principal, arrears of rent (except movables under section 193/34 (6)), periodical payments such as salaries,… Draft, not yet reviewed by the firm
- §193/34Two-year prescription for trade and service claimsA two-year prescription applies to claims by merchants, artisans, carriers, innkeepers, lawyers, engineers, and similar professionals for fees or charges arising from their trade or…
- §193/35Two-year prescription after acknowledgment or security Draft heading, not yet reviewed by the firmSubject to section 193/27, a claim arising from the debtor's written acknowledgment of liability or from giving security under section 193/28 paragraph two has a… Draft, not yet reviewed by the firm
Headings marked "draft" and short descriptions marked "draft" were prepared from the statutory text and have not yet been reviewed by the firm.