Section 453 — Sale — definition
Statutory text (Thai original)
อันว่าซื้อขายนั้น คือสัญญาซึ่งบุคคลฝ่ายหนึ่ง เรียกว่าผู้ขาย โอนกรรมสิทธิ์แห่งทรัพย์สินให้แก่บุคคลอีกฝ่ายหนึ่ง เรียกว่าผู้ซื้อ และผู้ซื้อตกลงว่าจะใช้ราคาทรัพย์สินนั้นให้แก่ผู้ขาย
Verbatim from the Royal Gazette / Office of the Council of State
English translation
Sale is a contract whereby a person, called the seller, transfers to another person, called the buyer, the ownership of property, and the buyer agrees to pay to the seller a price for it.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 453 is the master definition of every sale transaction in Thailand. Three requirements: (a) the seller has and transfers ownership; (b) the price is in money (not barter — that's §518 exchange); (c) there is consensual agreement. For immovables and certain movables (cars, ships, condos), additional formalities apply — see §456 (registered writing for land).
Why this matters in practice
Lawyers: Distinguish a sale from other contracts (lease, hire-purchase, gift) by verifying all three elements — ownership transfer, price, and agreement. Courts look to the substance of the transaction, not just the label given by the parties. Laypeople: If you hand over property and receive money in return, you have made a sale, regardless of what the paperwork calls it.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 17923/2557 (2014) ★ Landmark
Courts characterise a contract by its substance and true intention of the parties, not by the name or label the parties assign to it.
Although the contract was labelled a 'lease agreement', the Supreme Court held that its true substance — transferring rights and ownership of land rather than merely granting temporary use — made it a contract of sale under Section 453, not a lease under Section 537.
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Supreme Court Judgment No. 3763/2542 (1999)
A seller need not own the property at the time of contracting; the obligation to transfer ownership arises at the time of performance.
The seller was not the owner of the vehicle at the time the sale contract was made; the Supreme Court held this did not invalidate the contract because a seller is not required to own the property at the time of contracting.
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Supreme Court Judgment No. 4450/2542 (1999)
Contract interpretation requires examining the true intention of the parties in conjunction with the actual words used in the document.
In interpreting a sale contract for telephone equipment and installation, the Supreme Court held that the true intention of the parties — as evidenced by price allocation in the annexure — was to treat the equipment and labour as separate components, and the contract should be construed accordingly.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.