Book 2: Obligations

Annotated sections in this Book

• §194 Creditor's right to claim performance Creditor's right to claim performance.
• §195 Obligation specified only by kind Obligation specified only by kind.
• §196
• §197
• §198
• §199
• §200
• §201
• §202
• §203 Time of performance, no time fixed Time of performance, no time fixed.
• §204 Default and demand for performance Where no time for performance is fixed, the debtor is in default only after the creditor issues a demand. Where a time is fixed, default…
• §205 Debtor not in default for a cause he is not answerable for For as long as performance has not been made because of a circumstance for which the debtor is not responsible, the debtor is not in…
• §206 Default in obligations arising from a wrongful act In an obligation arising from a wrongful act, the debtor is in default from the moment the act was committed. No demand and no notice…
• §207 Default of the creditor
• §208
• §209
• §210
• §211
• §212
• §213 Specific performance and execution Specific performance and execution.
• §214
• §215 Damages from non-performance Damages from non-performance.
• §216
• §217 Liability of a debtor in default
• §218 Impossibility caused by the debtor If performance becomes impossible due to a cause the debtor is responsible for, the debtor pays damages to the creditor.
• §219 Impossibility without fault Impossibility without fault.
• §220
• §221
• §222 Scope of damages, foreseeability rule Damages for non-performance cover the loss that ordinarily arises from the non-performance, with no requirement of foreseeability. Loss arising from special circumstances is recoverable in…
• §223
• §224 Interest on damages Interest on damages.
• §224/1 Inserted by Emergency Decree B.E. 2564 (in force 11 April 2021), this new provision restricts default interest on instalment debts: interest may only be calculated…
• §225
• §226 Subrogation of creditor Subrogation of creditor.
• §227
• §228
• §229
• §230
• §231
• §232
• §233
• §234
• §235
• §236
• §237 Fraudulent conveyance, creditor's action to set aside A creditor may petition the court to set aside any juristic act done by the debtor in knowledge that it would harm the creditor, unless…
• §238
• §239
• §240
• §241
• §242
• §243
• §244
• §245
• §246
• §247
• §248
• §249
• §250
• §251
• §252
• §253 General preferential rights over all the debtor's property
• §254
• §255
• §256
• §257
• §258
• §259
• §260
• §261
• §262
• §263
• §264
• §265
• §266
• §267
• §268
• §269
• §270
• §271
• §272
• §273
• §274
• §275
• §276
• §277 Ranking between conflicting preferential rights
• §278
• §279
• §280
• §281
• §282
• §283 Reducing a penalty that is disproportionately high
• §284
• §285
• §286
• §287
• §288
• §289
• §290
• §291 Joint and several obligations Joint and several obligations.
• §292
• §293
• §294
• §295
• §296
• §297
• §298
• §299
• §300
• §301
• §302
• §303
• §304
• §305
• §306 Assignment of claim, written form Assignment of claim, written form.
• §307
• §308
• §309
• §310
• §311
• §312
• §313
• §314 Tender of performance to creditor Tender of performance to creditor.
• §315
• §316
• §317
• §318
• §319
• §320
• §321 Discharge by substituted performance (datio in solutum) An obligation is extinguished when the creditor accepts a different performance in place of the agreed one. A new obligation assumed merely to satisfy the…
• §322
• §323
• §324
• §325
• §326 Receipt for payment Receipt for payment.
• §327
• §328
• §329 Order in which a part payment is applied
• §330
• §331
• §332
• §333
• §334
• §335
• §336
• §337
• §338
• §339
• §340
• §341
• §342
• §343
• §344
• §345
• §346
• §347
• §348
• §349 Novation by substitution Novation by substitution.
• §350
• §351
• §352
• §353
• §354
• §355
• §356
• §357
• §358
• §359
• §360
• §361
• §362
• §363
• §364
• §365
• §366
• §367
• §368 Contract interpretation: good faith and ordinary usage Contracts must be interpreted according to good faith and with regard to ordinary commercial usage. Courts look to the genuine intention of the parties rather…
• §369 Right to withhold performance in reciprocal contracts In a reciprocal contract, either party may decline to perform until the other party performs or tenders performance. This right does not apply if the…
• §370
• §371
• §372
• §373
• §374 Contract in favour of a third party Contract in favour of a third party.
• §375
• §376
• §377 Earnest money, function and forfeiture Earnest money, function and forfeiture.
• §378
• §379 Penalty clause: forfeiture on default or non-performance Where the debtor has promised a penalty sum for failure to perform, the penalty is forfeited upon default. Where the performance consists of a forbearance,…
• §380
• §381
• §382
• §383 Judicial reduction of disproportionate penalty If a forfeited penalty is disproportionately high, the court may reduce it to a reasonable amount, taking into account all legitimate interests of the creditor.…
• §384
• §385
• §386 Rescission of bilateral contract Rescission of bilateral contract.
• §387 Rescission after notice to perform: reasonable period Where one party fails to perform, the other may fix a reasonable period for performance and give notice. If performance is not made within that…
• §388
• §389
• §390
• §391 Restitution after rescission of contract Where a party exercises a right of rescission, each party must restore the other to their former position, but the rights of third persons cannot…
• §392
• §393
• §394
• §395
• §396
• §397
• §398
• §399
• §400
• §401
• §402
• §403
• §404
• §405
• §406
• §407
• §408
• §409
• §410
• §411
• §412
• §413
• §414
• §415
• §416
• §417
• §418
• §419
• §420 General principle of tort liability Anyone who intentionally or negligently causes unlawful harm to another's life, body, health, liberty, property, or any other right must pay compensation. This is the…
• §421 Abuse of right, bad-faith use A right may not be exercised solely to harm another person. The pure-malice exercise of an otherwise valid right is itself wrongful.
• §422
• §423
• §424
• §425 Employer joint liability for employee tort An employer is jointly liable with the employee for any wrongful act the employee commits in the course of employment.
• §426
• §427
• §428 Employer of an independent contractor is not liable, with exceptions The employer of an independent contractor is not liable for damage the contractor causes to third parties while doing the work, unless the employer is…
• §429
• §430
• §431
• §432 Joint and several tort liability Where several persons cause damage by a joint wrongful act they are jointly bound to compensate, and the same applies where, among several joint doers,…
• §433 Liability for animals Liability for animals.
• §434 Liability for buildings and structures Liability for buildings and structures.
• §435
• §436
• §437 Liability for vehicles and dangerous things Liability for vehicles and dangerous things.
• §438 Form of compensation, restitutio in integrum It is for the court to decide in what manner and to what extent compensation is to be made, judging by the circumstances and by…
• §439
• §440
• §441
• §442
• §443 Damages in case of death Damages in case of death.
• §444 Damages for bodily injury Damages for bodily injury.
• §445
• §446 Damages for non-pecuniary loss Damages for non-pecuniary loss.
• §447 Restoring reputation, instead of or together with damages Where a person's reputation has been injured, the court may, on the injured person's application, order the wrongdoer to take suitable measures to restore that…
• §448 Prescription period for tort claims Tort claims must be brought within one year of discovering both the harm and the wrongdoer's identity, and in any event within ten years of…
• §449 No liability for lawful defence or a lawful command A person who causes injury while acting in lawful defence, or under a lawful command, is not liable to make compensation. The injured person may…
• §450 Damaging property to avert danger, and when compensation is owed This section is about damaging or destroying property in order to avert an immediate danger, and it sets three different outcomes. Damage done to avert…
• §451
• §452