Section 850: Compromise, definition
Statutory text (Thai original)
อันว่าประนีประนอมยอมความนั้น คือสัญญาซึ่งผู้เป็นคู่สัญญาทั้งสองฝ่ายระงับข้อพิพาทอันใดอันหนึ่งซึ่งมีอยู่หรือจะมีขึ้นนั้นให้เสร็จไปด้วยต่างยอมผ่อนผันให้แก่กัน
Verbatim from the Royal Gazette / Office of the Council of State
English translation
A compromise is a contract by which the two parties settle a dispute, whether the dispute already exists or is yet to arise, by mutual concessions.
ThaiLawOnline translation, written from the Thai original and verified
Firm annotation
Section 850 is part of Book 3 (Specific Contracts) 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. The English translation is ThaiLawOnline's own, written from the Thai original and verified against it. Always rely on the Thai original for legal proceedings.
Why this matters in practice
For lawyers: confirm that both sides genuinely concede something — a creditor who merely adjusts repayment terms without giving up any right may not have concluded a compromise. For laypersons: a settlement agreement is only valid as a compromise if both sides give something up; if only one side makes concessions, it may be another type of contract.
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. 2389/2553 (2010)
A debt restructuring that changes only repayment terms without mutual concessions or settling a dispute is not a compromise under Section 850.
A debt-restructuring agreement that merely changed repayment terms without mutual concessions or extinguishment of the original dispute was held not to be a compromise within Section 850; the original loan obligation and its mortgage security therefore remained in force.
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Supreme Court Judgment No. 7919/2551 (2008)
The substance of an agreement, not its title, determines whether it is a compromise; mutual concessions to settle an existing dispute satisfy Section 850 even if the document is headed 'acknowledgment of debt'.
A document headed 'acknowledgment of debt' was held to be a compromise under Section 850 because its substance showed both parties settling an existing dispute over the debt by mutual concessions; the ten-year prescription applicable to compromises under Section 193/32 therefore applied.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 221 Supreme Court decisions (1951 to 2025)
Selected citing decisions
- Decision 1383/2568 (2025) A Compromise Settling the Old Debt Does Not Bar Setting Aside a Pre-Settlement Fraudulent Transfer
- Decision 1280/2568 (2025)
- Decision 1160/2568 (2025)
- Decision 8248-8249/2568 (2025)
- Decision 3237/2567 (2024)
- Decision 727/2567 (2024)
- Decision 3191/2566 (2023)
- Decision 2229/2566 (2023)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
- Section 852 85
- Section 851 20
- Section 1612 17
- Section 1750 17
- Thai CPC s. 142 11
- Thai CPC s. 247 10
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
Does a compromise have to be in writing?
No specific form is required under the CCC. A compromise may be oral or evidenced by conduct, though a written agreement is strongly advisable. Note that a court settlement (สัญญาประนีประนอมยอมความในชั้นศาล) recorded in the court's minutes has a different enforcement mechanism.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Civil and Commercial Code, s. 850 (Thailand) -
Academic citation
Civil and Commercial Code (Thailand), s. 850. ThaiLawOnline, https://www.thailawonline.com/thai-civil-code/section-850/ (accessed 8 August 2026). -
Thai citation
ป.พ.พ. มาตรา 850 -
Permalink
https://www.thailawonline.com/thai-civil-code/section-850/ -
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<blockquote cite="https://www.thailawonline.com/thai-civil-code/section-850/"><p>A compromise is a contract by which the two parties settle a dispute, whether the dispute already exists or is yet to arise, by mutual concessions.</p><footer>Civil and Commercial Code, s. 850 (Thailand) — <a href="https://www.thailawonline.com/thai-civil-code/section-850/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.