Section 1604
Statutory text (Thai original)
บุคคลธรรมดาจะเป็นทายาทได้ก็ต่อเมื่อมีสภาพบุคคลหรือสามารถมีสิทธิได้ตาม
Verbatim from the Royal Gazette / Office of the Council of State
English translation
A natural person can be an heir only when he has, at the time of the de cujes death, personality or is capable of rights under Section 15 of this Code. For the purpose of this section, a child shall be deemed to have been en ventre sa mere at the time of such death if he is born or alive within three hundred and ten days after such time.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1604 is part of Book 6 (Succession) 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 the conception date relative to the deceased's death when advising potential heirs or drafting wills. A child born alive within 310 days of the deceased's death is presumed to satisfy the condition; the estate administrator should note and preserve this heir's share pending birth. For clients: if you are pregnant and your spouse or a parent dies, the unborn child will be entitled to an equal share of the estate if born alive within 310 days.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment. The 310-day period corresponds to the maximum recognised period of human gestation, ensuring that a child conceived before the deceased's death is not excluded from the inheritance solely because of the timing of birth.