Thailand Civil and Commercial Code Sections-1-64
The Thailand Civil and Commercial Code
Civil and Commercial Code
PRELIMINARY
Section 1. This law shall be called the Civil and Commercial Code
Section 2. It shall come into force on the 1st day of January B.E. 2468.
Section 3. From the day this Code comes into operation, all other laws, bye-laws, and regulations that deal with matters governed by this Code or are inconsistent with its provisions shall be repealed.
BOOK I
GENERAL PRINCIPLES
TITLE I
GENERAL PROVISIONS
Section 4 The law must be applied in all cases that fall within the letter and spirit of any of its provisions. Where no provision is applicable, the case shall be decided by analogy to the provision most nearly applicable, and in default of such a provision, by the general principles of law.
Section 5 Every person must, in the exercise of his rights and in the performance of his obligations, act in good faith.
Section 6 Every person is presumed to be acting in good faith.
Section 7 Whenever interest is to be paid, and the rate is not fixed by a juristic act or by an express provision in the law, it shall be seven and a half percent per year.
Section 8 “Force majeure” denotes any event whose occurrence or harmful result could not be prevented even though a person against whom it happened or threatened to happen took such appropriate care as might be expected from him in his situation and under such conditions.
Section 9 Whenever a writing is required by law, it is not necessary that it be written by the person from whom it is required, but it must bear his signature. A fingerprint, cross, seal, or other such mark affixed to a document is equivalent to a signature if it is certified by the signature of two witnesses. The provisions of this paragraph shall not apply to a fingerprint, cross, seal, or other such mark affixed to a document before the competent authorities.
Section 10 When a clause in a document can be interpreted in two senses, the interpretation that gives effect to the clause shall be preferred over the interpretation that would render it ineffective.
Section 11 In case of doubt, the interpretation shall be in favor of the party who incurs the obligation.
Section 12 Whenever a sum or quantity is expressed in both letters and figures, and the two expressions do not agree, and the real intention cannot be ascertained, the expression in letters shall be held to prevail.
Section 13 Whenever a sum or quantity is expressed several times in letters or several times in figures, and the several expressions do not agree, and the real intention cannot be ascertained, the lowest expression shall be held to prevail.
Section 14 Whenever a document is executed in two versions, one in the Thai language and the other in another language, and there are discrepancies between the two versions, and it cannot be ascertained which version was intended to govern, the document executed in the Thai language shall govern.
TITLE II
PERSONS
CHAPTER I NATURAL PERSONS
PART I
PERSIONALITY
Section 15 Personality begins with the full completion of birth as a living child and ends with death. A child en ventre sa mère is capable of rights provided that it is thereafter born alive.
Section 16 In calculating the age of a person, the birthday shall be counted. If only the month of birth is known, the first day of that month shall be counted as the birthday. If it is not possible to ascertain the exact date of birth, the person’s age is calculated from the first day of the official year during which the birth took place.
Section 17 When several persons have perished in a common peril and it is not possible to determine which of them perished first, they shall be presumed to have died simultaneously.
Section 18 If the right to use a name by a person entitled to it is disputed by another, or if the interest of the person entitled is injured by the fact that another uses the same name without authority, the person entitled may demand from the other the abatement of the injury. If a continuation of the injury is to be apprehended, he may apply for an injunction.
PART II
CAPACITY
Section 19 A person, upon reaching the age of twenty years, ceases to be a minor and becomes sui juris.
Section 20 A minor becomes sui juris upon marriage, provided that the marriage is conducted in accordance with the provisions of Section 1448.
Section 21 For the performance of a juristic act, a minor must obtain the consent of his legal representative. All acts done by him without such consent are voidable unless otherwise provided.
Section 22 A minor can perform all acts by which he merely acquires a right or is freed from a duty.
Section 23 A minor can perform all acts which are strictly personal.
Section 24 A minor can perform all acts that are suitable to his condition in life and actually required for his reasonable needs.
Section 25 A minor who has reached the age of fifteen years can make a will.
Section 26 When the legal representative permits a minor to dispose of property for a purpose specified by him, the minor may, within the limits of such purpose, dispose of it at his pleasure. He may also dispose of property he has been permitted to dispose of without any specified purpose.
Section 27 The legal representative may permit a minor to carry on a commercial business or other business, or to enter into a contract of service as an employee. In the case of unreasonable refusal by the legal representative, the minor may apply to the Court for permission.
The minor shall, in relation to carrying on a business or entering into a service contract under this paragraph, have the same capacity as a person sui juris.
If the business or service so permitted under this paragraph causes serious damage or injury to the minor, the legal representative may terminate the permission granted to the minor or, if granted by the Court, apply to the Court for the revocation of the permission.
If the termination of permission by the legal representative is unreasonable, the minor may apply to the Court for the revocation of the termination.
The termination of permission by the legal representative or the revocation of permission by the Court will cause the minor’s capacity as a person sui juris to cease, but will not affect any acts done by the minor before the termination or revocation of the permission.
Section 28 A person of unsound mind may be adjudged incompetent by the Court on the application of any spouse, ascendant, descendant, guardian, curator, person taking care of the person, or the Public Prosecutor.
The person adjudged incompetent under this section must be placed under guardianship. The appointment of the guardian, the powers and duties of the guardian, and the termination of guardianship shall be in accordance with the provisions of Book V of this Code.
The Court’s order under this Section shall be published in the Government Gazette.
Section 29 An act done by a person adjudged incompetent is voidable.
Section 30 An act done by a person of unsound mind but not adjudged incompetent is voidable only if the act was done at a time when the person was actually of unsound mind and the other party had knowledge of such unsoundness.
Section 31 If the cause of incompetence ceases to exist, the Court shall, on the application of the person himself or any of the persons mentioned in Section 28, revoke the adjudication.
The Court’s order revoking the adjudication under this Section shall be published in the Government Gazette.
Section 32 A person who has a physical or mental infirmity, habitual prodigality, habitual intoxication, or other similar conditions that make him incapable of managing his own affairs or whose management is likely to cause detriment to his property or family, may be adjudged as quasi-incompetent by the Court upon application by any of the persons specified in Section 28.
The person adjudged quasi-incompetent under this paragraph must be placed under curatorship. The appointment of the curator shall be in accordance with the provisions of Book V of this Code.
The order of the Court under this Section shall be published in the Government Gazette.
Section 33 If, during the trial of a case to determine a person’s incompetence due to unsoundness of mind, it is found that the person is not of unsound mind but does have a mental infirmity, the Court may, if it deems suitable or upon the application of the party or the persons specified in Section 28, adjudge the person as quasi-incompetent. Conversely, if during the trial of a case for a person to be adjudged quasi-incompetent on account of mental infirmity it is found that the person is actually of unsound mind, the Court may, if it deems suitable or upon the application of the party or the persons specified in Section 28, adjudge the person as incompetent.
Section 34 A quasi-incompetent person must obtain the consent of his curator for the following acts:
- Investing his property.
- Accepting the return of the invested property, principal, or other capital.
- Contracting a loan or lending money, borrowing, or leasing movable property.
- Giving security by any means that could force him to make a payment.
- Hiring or letting property for longer than six months if the property is movable or three years if the property is immovable.
- Making a gift, except for a gift made suitable for his life situation, for philanthropy, social, or moral obligations.
- Accepting a gift encumbered with a charge or refusing a gift.
- Performing any act whose object is the acquisition of, or parting with, a right in an immovable or valuable movable property.
- Constructing, modifying buildings or other structures, or making extensive repairs.
- Initiating a legal action or undertaking legal proceedings, except for applications made under Section 35 and the application for the removal of his curator.
- Making a compromise or submitting a dispute to arbitration.
For acts other than those mentioned in paragraph one that a quasi-incompetent person might perform which could be detrimental to his property or family, the Court is empowered, in its order adjudging the person quasi-incompetent or upon a subsequent application by the curator, to require the quasi-incompetent person to obtain the curator’s consent prior to performing such acts.
If the quasi-incompetent person cannot perform any act mentioned in paragraph one or two due to physical or mental infirmity, the Court may order the curator to act on behalf of the quasi-incompetent person, and the provisions relating to guardians shall apply mutatis mutandis.
The order of the Court under this Section shall be published in the Government Gazette. Any act contrary to the provisions of this Section is voidable.
Section 35 If the curator unreasonably withholds consent for the quasi-incompetent to perform any act under Section 34, the Court may, upon the application of the quasi-incompetent, permit the act without requiring the curator’s consent, provided that the act will benefit the quasi-incompetent person.
Section 36 If the cause for the Court’s adjudication of quasi-incompetence ceases to exist, the provisions of Section 33 shall apply mutatis mutandis.
PART III
DOMICILE
Section 37 The domicile of a natural person is the place where he has his principal residence.
Section 38 If a natural person has several residences where he lives alternately, or various centers of habitual occupation, any one of those places may be considered his domicile.
Section 39 If the domicile is not known, the place of residence is deemed to be his domicile.
Section 40 The domicile of a natural person who has no habitual residence or who leads a life of voyages without a central place of business shall be the place where he is found.
Section 41 A domicile is changed by transferring the residence with the manifest intention of making the transfer a permanent change.
Section 42 If a person selects any place with the manifest intention of making it a special domicile for a particular act, that place shall be considered the domicile with respect to that act.
Section 43 The domicile of a husband and wife is the place where they cohabit as a couple unless either husband or wife expresses the intention to have a separate domicile.
Section 44 The domicile of a minor is that of his legal representative, who is the person exercising parental power or the guardian.
If the minor is under the parental power of both parents and they have separate domiciles, the minor shall have the domicile of the parent with whom he lives.
Section 45 The domicile of an incompetent person is that of his guardian.
Section 46 The domicile of a public official is the place where he exercises his function, provided that such function is not temporary, periodical, or merely a commission.
Section 47 The domicile of a convict under a final judgment of the court or a lawful order is the prison or correctional institution where he is imprisoned until his release.
PART IV
DISAPPEARNCE
Section 48 If a person has left his domicile or residence without having appointed an agent with general authority, and it is uncertain whether he is living or dead, the Court may, on the application of any interested person or the Public Prosecutor, order such provisional measures as may be necessary for the management of the person’s property.
The Court may appoint a manager of the property after one year has elapsed from the day the person left his domicile or residence if no news of him has been received, or from the day he was last seen or heard of.
Section 49 If an agent with general authority has been appointed by the absent person but his authority comes to an end, or it appears that his management is likely to cause injury to the absent person, the provisions of Section 48 shall apply mutatis mutandis.
Section 50 The Court may, on the application of any interested person or the Public Prosecutor, order an inventory of the property to be made by the agent with general authority, in compliance with an injunction issued by the Court.
Section 51 Subject to the provisions of Section 802, if it is necessary for the agent with general authority to perform any act beyond the scope of his authority, he must apply for the Court’s permission and may act only upon obtaining such permission.
Section 52 The manager appointed by the Court must complete the inventory of the absent person’s property within three months from the day he is notified of the Court’s appointment order. However, the manager may apply to the Court for an extension of this period.
Section 53 The inventory under Sections 50 and 52 must be made in the presence of, and signed by, two witnesses. These witnesses must be a spouse or a relative of legal age of the absent person. If neither a spouse nor a relative can be found, or if they refuse to act as witnesses, other persons of legal age may serve as witnesses.
Section 54 The manager has the same powers as an agent with general authority as provided in Sections 801 and 802. If the manager deems it necessary to perform any acts beyond the scope of his authority, he must apply for the Court’s permission and may act only upon obtaining such permission.
Section 55 If the absent person has appointed an agent with special authority, the manager cannot interfere with that special agency but may apply to the Court for an order removing the agent if it appears that the agent’s management is likely to cause injury to the absent person.
Section 56 The Court may, on the application of any interested person or the Public Prosecutor, or on its own motion:
- Require the manager to provide proper management security and return the property entrusted to him.
- Require the manager to provide information regarding the condition of the absent person’s property.
- Remove the manager and appoint another manager in his place.
Section 57 The Court may, in the order appointing the property manager, determine a remuneration to be paid to the manager out of the property of the absent person. If no remuneration is determined, the manager may later apply to the Court to determine such remuneration.
The Court may, on the application of the manager, an interested person, or the Public Prosecutor, or on its own motion when it appears that circumstances regarding the property management have changed, issue an order to determine, suspend, decrease, or increase the manager’s remuneration, or to establish a new remuneration.
Section 58 The authority of the manager ends upon:
- The return of the absent person.
- The absence of the person but with the property having been managed or an agent appointed for managing his property.
- The death of the absent person or an adjudication of disappearance.
- The resignation or death of the manager.
- The manager becoming an incompetent or quasi-incompetent person.
- The manager becoming bankrupt.
- The removal of the manager by the Court.
Section 59 When the authority of the manager ends under Section 58 (4), (5), or (6), the manager or his heir, administrator, guardian, curator, or official receiver, as applicable, must inform the Court without delay. The Court will then issue an order concerning the property management as it deems appropriate.
During this time, the said person must take all reasonable steps to protect the interests of the absent person until the property is delivered to a person as ordered by the Court.
Section 60 The provisions concerning agency in this Code shall apply to the property management of the absent person mutatis mutandis.
Section 61 If a person has left his domicile or residence and it has been uncertain for five years whether he is living or dead, the Court may, on the application of any interested person or the Public Prosecutor, adjudge that the person has disappeared.
The period of time under the first paragraph shall be reduced to two years:
- From the day when a battle or war ends and the person who had been engaged in such battle or war has been missing.
- From the day when the vehicle on which the person was traveling was lost or destroyed.
- From the day when any peril to his life other than those mentioned in (1) or (2) has passed and the person was in such peril.
Section 62 A person against whom an adjudication of disappearance has been made is deemed to have died at the end of the period specified in Section 61.
Section 63 If it is proved by the person adjudged as disappeared, an interested person, or the Public Prosecutor that the person who disappeared is alive or that he died at a different time from that specified in Section 62, the Court must, upon the application of the said person, revoke the adjudication. This does not affect the validity of acts done in good faith between the adjudication and the revocation.
Section 64 The adjudication of disappearance and its revocation shall be published in the Government Gazette.
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