Section 15 — Beginning of personality
Statutory text (Thai original)
แห่งประมวลกฎหมายนี้ ในเวลาที่เจ้ามรดกถึงแก่ความตายเพื่อประโยชน์แห่งมาตรานี้ ให้ถือว่าเด็กที่เกิดมารอดอยู่ภายในสามร้อยสิบวันนับแต่เวลาที่เจ้ามรดกถึงแก่ความตายนั้น เป็นทารกในครรภ์มารดาอยู่ในเวลาที่เจ้ามรดกถึงแก่ความตาย
Verbatim from the Royal Gazette / Office of the Council of State
English translation
Personality begins with the full completion of birth as a living child and ends with death. A child en ventre sa mere is capable of rights provided that it is thereafter born alive.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 15 is part of Book 1 (General Principles) 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: a child born within 310 days of a deceased person's death is presumed for inheritance purposes to have been in the womb at the time of death (section 1604). If two persons die simultaneously, neither can inherit from the other because at the moment of each death the other has no legal personality. For laypeople: a baby born alive can inherit even if it later dies; an unborn child at the time of a relative's death can inherit provided it is subsequently born alive.
Legislative history
Part of the original Civil & Commercial Code codification; no major subsequent amendment. The rule protecting contingent rights of an unborn child is reinforced in Book VI (Succession) by section 1604.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 13129/2556 (2013) ★ Landmark
Where two persons die simultaneously, neither has legal personality at the moment of the other's death and therefore neither can inherit from the other under sections 15 and 1604.
A child and her parent died simultaneously. The Supreme Court held that, because at the moment of each person's death the other had no legal personality capable of holding rights (section 15 read with section 1604 paragraph 1), neither could inherit from the other. The child's own heir therefore had no right to claim the parent's estate, and the Court raised the point of standing as a matter of public order on its own motion.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can an unborn child inherit property in Thailand?
Yes, but conditionally. Section 15 provides that an unborn child is capable of holding rights, provided it is afterwards born alive. A child born within 310 days of the deceased's death is presumed to have been in the womb at the time of death and may receive its share of the estate.