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 decisions 1781/2567 and 1383/2568 explore the boundaries — a compromise on one dispute does not automatically bar separate fraud claims based on misrepresentations during the compromise negotiations.
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)
The rights declared in a compromise agreement are binding on both parties under Section 852 and may be directly enforced without further litigation.
Where the defendants did not dispute the existence or validity of the compromise agreement, the plaintiff was entitled to enforce it; the court noted that the defendants' failure to contest the agreement meant the rights declared in it were binding on both parties under Section 852.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.