Section 101 — Prescription for enforcing a bond
English translation
A court order requiring a person to enter into a bond, if not enforced within two years from the date the court makes the order, lapses as to enforcement.
Enforcement under the bond, if not carried out within two years from the date of the breach of the bond, lapses as to enforcement.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 101 sets the prescription rules for a bond (thanthabon), a court-ordered undertaking to keep the peace or refrain from certain conduct, backed by a sum forfeited on breach. It contains two separate two-year limits. The first paragraph bars enforcement of the order to enter into a bond if not enforced within two years of the order. The second paragraph bars enforcement following a breach if not acted on within two years of the breach date. This section completes the chapter on prescription in Book 1, sitting alongside the limits on prosecution (Section 95), enforcement of punishment (Section 98), fines (Section 99), and preventive detention (Sections 97 and 100), each with its own tailored period.
Why this matters in practice
A bond is often ordered as a preventive measure, and Section 101 means it does not hang over a person indefinitely: the order must be enforced within two years, and any forfeiture for a breach must be pursued within two years of the breach. In practice this is a check to run if the court seeks to enforce an old bond or claim a forfeited sum long after the event, since a lapse under Section 101 ends the enforcement. The start dates, the order date or the breach date, are specific, so the record should be checked against the two-year windows. If a bond or its forfeiture is being enforced against you, have counsel review the dates; you can book a consultation.
Frequently asked questions
How long can a court enforce a bond order?
Under Section 101, an order to enter into a bond must be enforced within two years of the order, and enforcement for a breach must be carried out within two years of the breach, or it lapses.
What is a bond under this section?
A bond is a court-ordered undertaking to keep the peace or refrain from certain conduct, backed by a sum that may be forfeited on breach. Section 101 sets two-year limits on enforcing the order and any forfeiture.