Section 852: Compromise, effect on the parties
Statutory text (Thai original)
ผลของสัญญาประนีประนอมยอมความนั้น ย่อมทำให้การเรียกร้องซึ่งแต่ละฝ่ายได้ยอมสละนั้นระงับสิ้นไป และทำให้แต่ละฝ่ายได้สิทธิตามที่แสดงในสัญญานั้นว่าเป็นของตน
Verbatim from the Royal Gazette / Office of the Council of State
English translation
The effect of the compromise is to extinguish the claims abandoned by each party and to secure to each party the rights which are declared to belong to him.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
Firm annotation
Section 852 is the consequence rule for §850 compromise. Once parties settle, the original cause of action is gone, the new contract is the only enforceable obligation. Two critical implications: (1) breach of the compromise must be sued as a contract claim, not as the original tort or contract; (2) defenses available against the original claim are usually waived. SC decision 1383/2568 shows the rule in operation: a compromise extinguished the debt under a hire-purchase contract and replaced it with a new obligation under §852, so the litigation that followed had to be fought over that new contract and the land transferred under it.
Why this matters in practice
For lawyers: draft the scope of the compromise with precision, only claims expressly covered are extinguished. A broad release clause is advisable if the intent is to settle all related disputes. For laypersons: signing a settlement agreement ends only the specific claims listed; new or different claims arising from the same facts may still be actionable.
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. 3604/2558 (2015)
Where a plaintiff sues to enforce a compromise agreement and the defendants do not plead any objection to its existence or its validity, they are taken under Civil Procedure Code section 84(3) to have admitted that the agreement was truly made, and it binds the plaintiff and the contracting defendant as parties to it. Its effect is then as section 852 provides: the claims which each side has given up are extinguished, and each side acquires the rights shown in the agreement as belonging to it. That the rights are binding does not mean they are self-executing; the party seeking them still has to bring an action to enforce the agreement, as the plaintiff did here.
The plaintiff sued to enforce a compromise agreement. The two defendants did not plead any objection to the existence or the validity of that agreement, so they were taken under Civil Procedure Code section 84(3) to have admitted that the first defendant and the plaintiff had truly made it. The Supreme Court held that the agreement accordingly bound the plaintiff and the first defendant as the contracting parties, and that its effect followed section 852: the claims each side had given up were extinguished and each acquired the rights shown in the agreement as its own, so that the first defendant was bound by his undertaking to transfer the land. The rights were enforced by this action, which the plaintiff had to bring.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 155 Supreme Court decisions (1954 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 928/2568 (2025) Settlement Agreements Must Be Performed Exactly As Written: No Implied Obligations
- Decision 4008/2567 (2024)
- Decision 3237/2567 (2024)
- Decision 727/2567 (2024)
- Decision 1060/2565 (2022)
- Decision 6980/2559 (2016)
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 850 85
- Thai CrPC s. 39 31
- Thai Penal Code s. 91 19
- Thai Penal Code s. 78 16
- Thai Penal Code s. 83 14
- Section 1750 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
Cite this section
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Plain citation
Civil and Commercial Code, s. 852 (Thailand) -
Academic citation
Civil and Commercial Code (Thailand), s. 852. ThaiLawOnline, https://www.thailawonline.com/thai-civil-code/section-852/ (accessed 28 August 2026). -
Thai citation
ป.พ.พ. มาตรา 852 -
Permalink
https://www.thailawonline.com/thai-civil-code/section-852/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-civil-code/section-852/"><p>The effect of the compromise is to extinguish the claims abandoned by each party and to secure to each party the rights which are declared to belong to him.</p><footer>Civil and Commercial Code, s. 852 (Thailand): <a href="https://www.thailawonline.com/thai-civil-code/section-852/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.