Section 322 — Third parties' rights unaffected by execution
Statutory text (Thai original)
ภายใต้บังคับมาตรา ๓๒๓ และมาตรา ๓๒๔ บทบัญญัติแห่งประมวลกฎหมายนี้ว่าด้วยการบังคับคดีแก่ทรัพย์สินของลูกหนี้ตามคำพิพากษาย่อมไม่กระทบกระทั่งถึงทรัพยสิทธิ บุริมสิทธิ สิทธิยึดหน่วง หรือสิทธิอื่นซึ่งบุคคลภายนอกมีอยู่เหนือทรัพย์สินหรืออาจร้องขอให้บังคับเหนือทรัพย์สินนั้นตามกฎหมาย
English translation
Subject to Section 323 and Section 324, the provisions of this Code concerning execution against the property of the judgment debtor shall not affect any real right, preferential right, right of retention, or other right that a third party has over the property or may apply to have enforced over that property in accordance with the law.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 322 opens Part 6 on the rights of third parties and interested persons and states a protective principle: enforcing a judgment against the debtor's property does not defeat pre-existing rights of outside persons, whether a real right, preferential right, right of retention, or other legally enforceable right over the property. It applies subject to Section 323, on claims to release seized property, and Section 324, on priority claims to the sale proceeds, so it governs the situations those sections do not. The Supreme Court has treated Section 322 as the general safeguard for third parties, distinct from the priority mechanism of Section 324. The provision was renumbered by the Civil Procedure Code Amendment Act (No. 30) B.E. 2560 (2017).
Why this matters in practice
If your rights over an asset predate the seizure, such as a registered servitude, a lien, or a right to retain the goods, the creditor's execution does not simply erase them. But the section is expressly subject to Sections 323 and 324, so a mortgagee or a person claiming to own the seized property must use the specific routes those sections provide rather than rely on Section 322 alone. Working out which door to use, and its deadline, is exactly where a lawyer handling execution is worth consulting.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 853/2567 (2024)
Section 322 safeguards the rights of a third party that may be disturbed by execution and applies only outside the scope of Section 324; because it opens with the words 'subject to Section 324,' a mortgagee's right to be paid from the proceeds falls under Section 324, not Section 322.
The Supreme Court contrasted Section 322 with Section 324(1). Section 322 protects third parties whose rights may be affected by execution, whereas Section 324 governs persons, including a mortgagee, entitled to be paid from the sale proceeds and does not require them to be outside persons. Since Section 322 begins 'subject to Section 324,' it applies only beyond the situations Section 324 covers.
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Supreme Court Judgment No. 4414/2564 (2021)
A creditor substituted as the mortgagee judgment creditor who petitions under the new Section 322 to segregate its share of the auction proceeds as a mortgage preferential creditor is exercising a right within the execution of the judgment, and that petition is not barred as a repeated proceeding under Section 144.
After being allowed to step into the shoes of the judgment creditor, the petitioner, as mortgagee, sought to segregate its share of the auction proceeds under the new Section 322. The Supreme Court held this was part of enforcing the judgment and was exempt from the rule against repeated proceedings under Section 144(5).
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does execution destroy an outside person's rights over the seized property?
No. Under Section 322, execution against the debtor's property does not affect a third party's real right, preferential right, right of retention, or other legally enforceable right over it, subject to Sections 323 and 324.
How does Section 322 differ from Section 324?
Section 322 is the general safeguard for a third party's existing rights, while Section 324 sets out the specific priority procedure for those, such as a mortgagee, entitled to be paid from the sale proceeds. Section 322 applies outside the situations Section 324 covers.