Section 797 — Agency — definition
Statutory text (Thai original)
อันว่าสัญญาตัวแทนนั้น คือสัญญาซึ่งให้บุคคลหนึ่ง เรียกว่าตัวแทน มีอำนาจทำการแทนบุคคลอีกคนหนึ่ง เรียกว่าตัวการ และตกลงจะทำการดังนั้นอันความเป็นตัวแทนนั้นจะเป็นโดยตั้งแต่งแสดงออกชัดหรือโดยปริยายก็ย่อมได้
Verbatim from the Royal Gazette / Office of the Council of State
English translation
Agency is a contract whereby a person, called the agent, has authority to act for another person, called the principal, and agrees so to act. Agency may be express or implied.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 797 underpins all power-of-attorney work in Thailand. Three rules to remember: (1) agency to sell or mortgage immovables requires the same form as the underlying transaction — i.e., a written power of attorney registered at the Land Office (§798); (2) the agent cannot self-deal — buying from or selling to themselves on behalf of the principal is voidable; (3) the agent is bound by the principal's instructions and is liable for damage caused by exceeding them. For foreign clients abroad, a notarized + legalized power of attorney is the standard mechanism.
Why this matters in practice
Lawyers: Implied agency can arise from the conduct of the principal — permitting another to hold themselves out as an agent may bind the principal under apparent authority (Section 821). In property transactions, always verify the scope of an agent's authority and ensure the power of attorney covers the specific act. Laypeople: When you authorise someone to act for you — whether formally or just by letting them act on your behalf — you may be bound by their actions even if they go beyond what you intended.
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. 6778/2553 (2010)
Implied agency can arise from surrounding circumstances — a court will examine whether the conduct of the parties establishes authority to act for another in a specific matter.
Although the person who filed the application for registration of a temple was neither the heir of the original licence holder nor an expressly appointed agent, the court considered whether the surrounding circumstances established an implied agency for the purpose of that specific administrative act.
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Supreme Court Judgment No. 4127/2543 (2000)
Knowledge of an expressly designated agent is attributed to the principal for limitation purposes.
Under the Telephone Organisation of Thailand Act, the Director was expressly designated to act in the name of the organisation and as its agent. For limitation purposes, the date of the Director's knowledge of the tort was treated as the organisation's date of knowledge.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.