Thailand Civil and Commercial Code Sections-395-452
TITLE III
MANAGEMENT OF AFFAIRS WITHOUT MANDATE
Section 395 A person who takes charge of an affair for another without having received a mandate from them or being otherwise entitled to do so must manage the affair in such a manner as the interests of the principal require, having regard to their actual or presumptive wishes.
Section 396 If the undertaking of the management of the affair is contrary to the actual or presumptive wishes of the principal, and the manager must have recognized this, they are bound to compensate the principal for any damages arising from their management of the affair, even if there is no fault otherwise imputable to them.
Section 397 The fact that the management of the affair is opposed to the wishes of the principal is not considered if, without the management of the affair, a duty of the principal, which is of public interest or a legal duty to provide maintenance to others, would not be fulfilled in due time.
Section 398 If the management of the affair aims to avert imminent danger threatening the person, reputation, or property of the principal, the manager is responsible only for willful default and gross negligence.
Section 399 The manager shall notify the principal of the undertaking of the management of the affair as soon as practicable and await their decision unless there is danger in delay. Otherwise, the provisions of Sections 809 to 811 applicable to an agent apply mutatis mutandis to the obligations of the manager.
Section 400 If the manager is incapacitated, they are responsible only under the provisions relating to compensation for wrongful acts and for the return of undue enrichment.
Section 401 If the management of the affair is in accordance with the interests and actual or presumptive wishes of the principal, the manager may demand reimbursement for their outlay as an agent. The provisions of Section 816, paragraph 2 apply mutatis mutandis.
In the case provided for by Section 397, this claim belongs to the manager even if the management of the affair is contrary to the wishes of the principal.
Section 402 If the conditions of the foregoing section do not exist, the principal is bound to return to the manager all that they acquired through the management of the affair under the provisions relating to the return of undue enrichment.
If the principal ratifies the management of the affair, the provisions of this Code concerning Agency apply mutatis mutandis.
Section 403 The manager has no claim if they did not intend to demand reimbursement from the principal.
If parents or grandparents provide maintenance to their descendants, or vice versa, it is presumed, in case of doubt, that there is no intention to demand reimbursement from the recipient.
Section 404 If the manager acts for one person, believing that they are acting for another person, only the former has the rights and duties arising out of the management.
Section 405 The provisions of the preceding sections do not apply if a person takes charge of the affair of another in the belief that it is their own.
If a person manages another’s affair as if it were their own, despite knowing they are not entitled to do so, the principal may enforce the claims based on Sections 395, 396, 399, and 400. If they do enforce these claims, they are liable to the manager as provided for in Section 402, paragraph 1.
TITLE IV
UNDUE ENRICHMENT
Section 406 Any person who, through an act of performance made by another person or in any other manner, obtains something to the prejudice of such other person without a legal ground must return it to the latter. The acknowledgment of the existence or non-existence of a debt is deemed to be an act of performance. The same provision applies if something has been obtained on account of a cause that has not been realized or has ceased to exist.
Section 407 A person who has freely performed an act as if in performance of an obligation, knowing that they were not bound to effect the performance, is not entitled to restitution.
Section 408 The following persons are not entitled to restitution:
- A person who performs an obligation subject to a time clause before the time has arrived.
- A person who performs an obligation that has been barred by prescription.
- A person who performs an obligation in compliance with a moral duty or with the requirements of social propriety.
Section 409 When a person who is not a debtor has performed an obligation by mistake and the creditor, in consequence thereof, has in good faith destroyed or obliterated the documentary evidence of the obligation, given up any security, or lost their right by prescription, the creditor is not bound to make restitution. The provisions of the foregoing paragraph do not prevent the person who has performed from exercising a right of recourse against the debtor and their surety, if any.
Section 410 A person who has made a performance for an intended result which is not produced is not entitled to restitution if, from the beginning, it was known to them that the production of the result was impossible or if they were prevented from achieving the result in violation of good faith.
Section 411 A person who has made an act of performance, the purpose of which is contrary to legal prohibition or good morals, cannot claim restitution.
Section 412 If the property that was unduly received is a sum of money, restitution must be made in full, unless the person who received it was in good faith, in which case they are only bound to return the part of their enrichment that still exists at the time when restitution is demanded.
Section 413 When the property that must be returned is other than a sum of money, and the person who received it was in good faith, that person is only bound to return it in the condition it is in and is not responsible for any loss or damage to the property. However, they must return whatever they have acquired as compensation for such loss or damage. If the person who received the property was in bad faith, they are fully responsible for the loss or damage, even if caused by force majeure, unless they prove that the loss or damage would have happened in any case.
Section 414 If restitution is impossible due to the nature of the property received or for any other reason, and the person who received the property was in good faith, that person is bound only to return such part of their enrichment as still exists at the time when restitution is demanded. If the person who received the property was in bad faith, they are bound to pay the full value of the property.
Section 415 A person who has received the property in good faith acquires the fruits thereon as long as such good faith continues. If they are required to return the property, they are deemed to be in bad faith from the time restitution is demanded.
Section 416 Expenses that were necessary for the preservation of the property or for its maintenance or repair must be reimbursed in full to the person who returns the property. However, this person cannot claim reimbursement for ordinary expenses for maintenance, repairs, or charges incurred during the time they acquired the fruits.
Section 417 For expenses other than those provided in paragraph 1 of the foregoing section, the person who returns the property can claim reimbursement only if the expenses were incurred while they were in good faith and if the value of the property was increased by such expenses at the time of restitution, and only to the extent of such increase. The provisions of Section 415, paragraph 2 apply correspondingly.
Section 418 If a person who has in bad faith unduly received property has made alterations to or additions to it, they must return the property after restoring it to its former condition at their own expense, unless the owner of the property chooses to have it returned in its present condition. In such a case, the owner must pay, at their option, either the cost of the alterations or additions, or a sum representing the increased value of the property.
When restitution is to be made, if it is impossible to restore the property to its former condition or if doing so would damage the property, the person who received the property must return it in the condition it is in and is not entitled to compensation for any increase in value resulting from the alterations or additions.
Section 419 No action for undue enrichment can be brought later than one year from the time when the injured party became aware of their right to restitution, or later than ten years from the time when the right accrued.
TITLE V
WRONGFUL ACTS
CHAPTER I
LIABILITY FOR WRONGFUL ACTS
Section 420 A person who willfully or negligently unlawfully injures the life, body, health, liberty, property, or any right of another person commits a wrongful act and is bound to compensate for the damage caused.
Section 421 The exercise of a right that can only have the purpose of causing injury to another person is considered unlawful.
Section 422 If damage results from an infringement of a statutory provision intended for the protection of others, the person who infringes the provision is presumed to be at fault.
Section 423 A person who, contrary to the truth, asserts or circulates as a fact information that is injurious to another’s reputation, credit, earnings, or prosperity in any other manner shall compensate the other for any damage arising from such actions, even if they did not know of the untruth, provided they ought to have known. A person who communicates information of which the untruth is unknown to them does not render themselves liable for compensation if they or the recipient of the communication have a rightful interest in it.
Section 424 In determining liability for a wrongful act and the amount of compensation, the Court shall not be bound by criminal law provisions concerning liability to punishment or by the conviction or non-conviction of the wrongdoer for a criminal offense.
Section 425 An employer is jointly liable with their employee for the consequences of a wrongful act committed by the employee in the course of their employment.
Section 426 An employer who has compensated a third person for a wrongful act committed by their employee is entitled to reimbursement from the employee.
Section 427 The provisions of the two foregoing sections apply mutatis mutandis to a principal and an agent.
Section 428 An employer is not liable for damage caused by a contractor to a third person in the course of the work, unless the employer was at fault in regard to the work ordered, the instructions given, or the selection of the contractor.
Section 429 A person, even if incapacitated due to minority or unsoundness of mind, is liable for the consequences of their wrongful act. The parents of such a person or their guardian are jointly liable with them unless they or the guardian can prove that they have exercised proper care in the performance of their duty of supervision.
Section 430 A teacher, employer, or other person who undertakes the supervision of an incapacitated person, either permanently or temporarily, is jointly liable with that person for any wrongful act committed by the latter while under their supervision, provided that it can be proven that they have not exercised proper care.
Section 431 In cases falling under the two foregoing sections, the provisions of Section 426 apply mutatis mutandis.
Section 432 If several persons jointly commit a wrongful act that causes damage to another person, they are jointly bound to compensate for the damage. The same applies if, among several joint doers of the act, the one who caused the damage cannot be ascertained. Persons who instigate or assist in a wrongful act are deemed to be joint actors. As between themselves, the persons jointly bound to make compensation are liable in equal shares unless, under the circumstances, the Court decides otherwise.
Section 433 If damage is caused by an animal, the owner, or the person who undertakes to keep the animal on behalf of the owner, is bound to compensate the injured party for any damage arising therefrom, unless they can prove that they exercised proper care in keeping the animal according to its species and nature, or that the damage would have occurred even with such care. The person responsible under this paragraph may exercise a right of recourse against the person who has wrongfully excited or provoked the animal or against the owner of another animal that caused the excitement or provocation.
Section 434 If damage is caused due to the defective construction or insufficient maintenance of a building or other structure, the possessor of the building or structure is bound to make compensation. However, if the possessor has used proper care to prevent the damage, the owner is bound to make compensation. The provisions of this paragraph apply correspondingly to defects in the planting or propping of trees or bamboos. If, in the cases mentioned in the foregoing two paragraphs, there is also another person responsible for the cause of the damage, the possessor or owner may exercise a right of recourse against that person.
Section 435 A person threatened with injury from a building or other structure belonging to another is entitled to require the latter to take necessary measures to avert the danger.
Section 436 An occupier of a building is responsible for damage arising from things that fall from it or are thrown into an improper place.
Section 437 A person is responsible for injury caused by any conveyance propelled by mechanical means which is in their possession or control, unless they can prove that the injury resulted from force majeure or the fault of the injured person. The same applies to a person who has in their possession things dangerous by nature or destination or due to their mechanical action.
CHAPTER II
COMPENSATION FOR WRONGFUL ACTS
Section 438 The Court shall determine the manner and extent of compensation according to the circumstances and the gravity of the wrongful act. Compensation may include restitution of the property from which the injured person has been wrongfully deprived or its value, as well as damages for any injury caused.
Section 439 A person who is bound to return a thing from which they have wrongfully deprived another is also responsible for the accidental destruction of the thing, or for the accidental impossibility of returning it arising from any other cause, or for its accidental deterioration, unless the destruction, impossibility, or deterioration would have occurred even if the wrongful act had not been committed.
Section 440 If the taking of a thing or the damage to a thing necessitates making good its value, the injured party may demand interest on the amount to be made good from the time which serves as the basis for the estimate of the value.
Section 441 If a person bound to make compensation for any damage due to the taking or damaging of a movable compensates the person whose possession the thing was at the time of the taking or damage, they are discharged from liability even if a third party was the owner of the thing or had some other right in the thing, unless the right of the third party was known to them or remained unknown due to gross negligence.
Section 442 If any fault of the injured party contributed to causing the injury, the provisions of Section 223 shall apply mutatis mutandis.
Section 443 In the case of causing death, compensation shall include funeral and other necessary expenses. If death did not ensue immediately, compensation shall also include expenses for medical treatment and damages for the loss of earnings due to disability to work. If, due to the death, any person has been deprived of legal support, they are entitled to compensation for that loss.
Section 444 In the case of an injury to the body or health, the injured person is entitled to receive reimbursement for their expenses and damages for total or partial disability to work, both for the present and for the future.
Section 445 In the case of causing death, injury to the body or health of another, or deprivation of liberty, if the injured person was bound by law to perform services in favor of a third person in their household or industry, the person liable for compensation shall also compensate the third person for the loss of such services.
Section 446 In the case of injury to the body or health of another, or in the case of deprivation of liberty, the injured person may also claim compensation for non-pecuniary losses. This claim is not transferable and does not pass to the heirs unless it has been acknowledged by contract or legal action has been commenced.
Section 447 Against a person who has injured the reputation of another, the Court may, on the application of the injured person, order proper measures to be taken for the rehabilitation of the latter’s reputation, instead of or in addition to awarding damages.
Section 448 A claim for damages arising from a wrongful act is barred by prescription one year from the day when the wrongful act and the person liable for compensation became known to the injured person, or ten years from the day the wrongful act was committed, whichever occurs first. However, if the damages are claimed for an act punishable under criminal law with a longer prescription period, the longer prescription period shall apply.
CHAPTER III
JUSTIFIABLE ACTS
Section 449 A person who, acting in lawful defense or under a lawful command, causes injury to another person is not liable for compensation. The injured person may claim compensation from the person against whom the lawful defense was directed or from the person who wrongfully gave the command, as the case may be.
Section 450 If a person damages or destroys a thing to avert an immediate common
danger, they are not liable for compensation, provided the damage done is not out of proportion to the danger. If a person damages or destroys a thing to avert an immediate individual danger, they shall make restitution. If a person damages or destroys a thing to protect their rights or those of a third person against immediate danger posed by the thing itself, they are not liable for compensation, provided the damage done is not out of proportion to the danger. However, if the danger was caused by the person’s fault, they are liable for compensation.
Section 451 A person who uses force to protect their rights is not liable for compensation if, under the circumstances, help from the Court or proper authorities is not obtainable in due time and there is a danger that, if they do not act immediately, the realization of their rights will be frustrated or seriously impeded. The use of force must be strictly limited to what is necessary to avert the danger. If a person performs the act specified in the first paragraph under the erroneous assumption that the necessary conditions for making the act lawful exist, they are liable for compensation to the other person, even if the error was not due to their negligence.
Section 452 A possessor of immovable property is entitled to seize animals belonging to another person that cause injury on such property and retain them as security for any compensation that may be due to them. They are even entitled to kill the animals if necessary under the circumstances. However, they must give notice to the owner of the animals without delay. If the owner cannot be found, the person seizing the animals must take proper measures to locate them.
Thailand Personal Injury and Accident Lafgwyers
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