Section 55 — Right to bring a civil case
Statutory text (Thai original)
เมื่อมีข้อโต้แย้งเกิดขึ้น เกี่ยวกับสิทธิหรือหน้าที่ของบุคคลใดตามกฎหมายแพ่ง หรือบุคคลใดจะต้องใช้สิทธิทางศาล บุคคลนั้นชอบที่จะเสนอคดีของตนต่อศาลส่วนแพ่งที่มีเขตอำนาจได้ ตามบทบัญญัติแห่งกฎหมายแพ่งและประมวลกฎหมายนี้
English translation
Where a dispute arises concerning the rights or duties of any person under the civil law, or where any person must exercise a right through the court, that person is entitled to bring his case before the civil court having jurisdiction, in accordance with the provisions of the civil law and of this Code.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 55 opens Title 3 on parties and is the cornerstone of standing (amnat fong) in Thai civil procedure. It recognises two gateways to court: a contentious case, where a dispute has arisen over a person's civil rights or duties, and a non-contentious case, where a person must exercise a right through the court even without an opposing party, such as an application to be appointed an estate administrator. The requirement of an actual dispute is strictly applied: if the pleaded facts show no violation or infringement of the plaintiff's rights, there is no cause of action and the court will dismiss. The section is regularly read together with the procedure statutes of specialised courts, for example the Consumer Case Procedure Act and the Labour Court Act, which extend the same standing test to those forums.
Why this matters in practice
Before filing, ask whether your rights have actually been disputed or infringed, because a claim brought too early, before any breach, can be dismissed for lack of standing even if you are right on the merits. For a debt, that usually means a due and unpaid obligation; sending a demand and documenting non-payment both strengthens the claim and often resolves it without trial. If you are considering suit, our debt collection service can assess whether a genuine dispute exists and handle demand letters and litigation. For non-contentious matters, such as estate administration, the same section is your basis for petitioning the court even though no one is being sued.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1760/2568 (2025)
A person has standing to sue under section 55 only where a dispute over rights or duties has actually arisen; if the facts pleaded disclose no violation of the plaintiff's rights, there is no dispute and no right to sue.
The Supreme Court found that the facts giving rise to the claim, and the relief sought under the lease and service agreement for the disputed unit, disclosed no violation of the plaintiff's rights. There was therefore no dispute giving the plaintiff a right to sue under section 55 read with section 7 of the Consumer Case Procedure Act.
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Supreme Court Judgment No. 6067/2567 (2024)
A person directly affected by an authority's decision, who bears duties under the relevant statute, is a person whose rights have been disputed under section 55 and may bring the matter to court.
The plaintiff was directly affected by the defendant committee's decision and bore duties under the workmen's compensation legislation. The Supreme Court held this was a dispute over rights or duties under section 55, read with section 31 of the Labour Court Act, so the plaintiff's rights had been disputed and it could sue to revoke the decision.
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Supreme Court Judgment No. 1282/2568 (2025)
Section 55 contemplates a person bringing his own case to court when a dispute over rights arises; where a prior proceeding was not a suit against the present party, that party cannot be treated as a defendant who defaulted by failing to file an answer.
The earlier case was one in which the plaintiff obtained ownership by adverse possession, not one in which the opposing side, faced with a dispute, sued the present plaintiff as a defendant under section 55. The Supreme Court therefore held the plaintiff could not be treated as a defendant who had failed to file an answer within the time fixed by law.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
When do I have the right to file a civil case in Thailand?
Under section 55, you can sue when a dispute has arisen over your rights or duties under the civil law, or when you must exercise a right through the court, such as a non-contentious petition. Without a genuine dispute or such a need, you lack standing.
Can my case be dismissed for lack of standing?
Yes. If the facts show no dispute or infringement of your rights, there is no cause of action under section 55, and the court can dismiss the case even if you would otherwise be correct on the merits.
Does section 55 cover non-contentious petitions?
Yes. Besides disputes, section 55 lets a person bring a matter to court where the law requires a right to be exercised through the court, such as applying to be appointed an estate administrator, even though no one is being sued.