Thailand Civil and Commercial Code Sections-193/9-193/29

TITLE VI

PRESCRIPTION

CHAPTER I

GENERAL PROVISIONS

Section 193/9 A claim is barred by prescription if it has not been enforced within the period of time fixed by law.

Section 193/10 After the lapse of the period of prescription for claims, the debtor is entitled to refuse performance.

 Section 193/11 The periods for prescription fixed by law cannot be extended or reduced.

Section 193/12 Prescription begins and runs from the moment when the claim can be enforced. If the claim is for a forbearance, prescription begins to run from the moment when the right is first infringed.

Section 193/13 If the creditor may not demand performance until he has given notice to the debtor, prescription begins to run from the moment when notice can first be given. If the debtor is not bound to perform until a given period has elapsed since the notice, prescription begins to run from the expiration of this period.

 Section 193/14 Prescription is interrupted if:

1. The debtor acknowledges the claim to the creditor through written acknowledgment, part payment, payment of interest, giving security, or by any unequivocal act that implies acknowledgment of the claim.
2. The creditor initiates an action for the establishment of the claim or for requiring performance.
3. The creditor applies for arbitration of the debt.
4. The creditor submits the dispute to arbitration.
5. The creditor performs any act that has the same effect as initiating an action.

Section 193/15 When prescription is interrupted, the period of time that has elapsed before the interruption does not count towards the prescription. A new period of prescription begins to run from the time when the interruption ceases.

Section 193/16 The creditor of an obligation for the payment of money periodically is entitled to require from the debtor, at any time before the completion of the period of prescription, a written acknowledgment of the obligation to obtain evidence of the interruption of prescription.

Section 193/17 In cases where prescription is interrupted due to the circumstances described in Section 193/14(2), if the Court issues a final judgment dismissing the action, or if the action is terminated and disposed of on the grounds of being withdrawn or abandoned, the prescription shall be deemed to have never been interrupted. However, if the Court refuses to accept, returns, or dismisses the action on the grounds of lack of jurisdiction, or if the action is dismissed with the right to re-enter and the period of prescription expires during the proceedings or within sixty days of the final judgment or order, the creditor is entitled to initiate an action in Court for establishing the claim or requiring performance within sixty days from the date of the final judgment or order.

Section 193/18 The provisions of Section 193/17 shall apply, mutatis mutandis, to interruptions of prescription due to the circumstances described in Section 193/14(3), (4), and (5).

 Section 193/19 If at any time when the prescription would end, the creditor is prevented by force majeure from effecting an interruption, the prescription is not completed until thirty days after the force majeure ceases to exist.

 Section 193/20 If the prescription of a claim by a minor or a person of unsound mind, whether adjudged incompetent or not, would have expired while the said person does not have full capacity, or within one year from the day the said person is without a legal representative or guardian, it is not completed until the expiration of one year after the person acquires full capacity or has a legal representative or guardian, as the case may be. If the period of prescription for the claim is shorter than one year, the shorter period shall apply instead of the one-year extension.

Section 193/21 If the prescription of a claim by a minor, an incompetent person, or a quasi-incompetent person against his legal representative, guardian, or curator would have expired while the said person does not have full capacity, or within one year from the day the said person is without a legal representative, guardian, or curator, it is not completed until the expiration of one year after the person acquires full capacity or has a legal representative, guardian, or curator, as the case may be. If the period of prescription for the claim is shorter than one year, the shorter period shall apply instead of the one-year extension.

Section 193/22 If the prescription of a claim between spouses would have expired within one year after the dissolution of marriage, it is not completed until the expiration of one year after the dissolution of marriage.

Section 193/23 If the prescription of a claim in favor of or against a deceased person would have expired within one year after the date of death, the period of prescription is not completed until the expiration of one year after death.

Section 193/24 The benefit of prescription can be waived only after it has been completed, but such waiver does not prejudice the rights of third persons or the surety.

Section 193/25 When prescription has been completed, its effect relates back to the day when it began to run.

 Section 193/26 With the principal claim, the claims for accessory acts of performance dependent upon it are also barred by prescription, even if the particular prescription applying to the accessory claim is not yet complete.

Section 193/27 The barring of the principal claim by prescription does not prevent a mortgagee, pledge holder, holder of a right of retention, or a creditor with a preferential right on the property of the debtor from enforcing their rights out of the mortgaged, pledged, or detained property. However, in exercising this right, the creditor cannot obtain more than five years’ worth of arrears of interest.

Section 193/28 If any act of performance is done in satisfaction of a claim barred by prescription, the value of such performance may not be demanded back, even if the performance was made in ignorance of the prescription. The provisions of this paragraph shall also apply to a contractual acknowledgment of liability in writing and the giving of security by the debtor, but it cannot be used against a former surety.

Section 193/29 When prescription has not been set up as a defense, the Court cannot dismiss the claim on the ground of prescription.

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