Section 1. (from Vol.79)

This law shall be called the Civil and Commercial Code.

Section 2. (from Vol.79)

It shall come into force on the 1st date of January B E. 2467.

Section 3. (from Vol.79)

On and from the day of operation of this Code, all other laws, bye laws and regulations in so far as they deal with matters governed by this Code or are inconsistent with its provisions shall be repealed.

Section 4. (from Vol.79)

I.

The law must be applied in all cases which comes within the letter or the spirit of any of its provisions.

II.

Where no provision is applicable the case shall be decided according to the local custom.

III.

If there is no such custom, the case shall be decided by analogy to the provision most nearly applicable, and, in default of such provision, by the general principles of law.

Section 5. (from Vol.79)

Every person must in the exercise of his rights and in the performance of his obligations act in good faith.

Section 6. (from Vol.79)

Every person is presumed to be acting in good faith.

Section 7. (from Vol.79)

Whenever interest is to be paid, and the rate is not fixed by juristic act or by an express provision of a law, it shall be 7 1/2 per cent per year.

Section 8. (from Vol.79)

"Force majeure" denotes any event the happening or pernicious result of which could not be prevented even though a person against whom it happened or threatened to happen were to take such appropriate care as might be expected from him in his situation.

Section 9. (from Vol.79)

I.

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.

II.

If a person is in the habit of affixing a seal in lieu of signature, the affixing of such seal is equivalent to a signature.

III.

A finger print, cross or other such mark affixed to a document is equivalent to a signature if it is certified by the signature of two witnesses.

Section 10. (from Vol.79)

When a clause in a document can be interpreted in two senses, that sense is to be preferred which gives some effect rather than that which would give no effect.

Section 11. (from Vol.79)

In case of doubt the interpretation shall be in favour of the party who incurs the obligation.

Section 12. (from Vol.79)

Whenever a sum or quantity is expressed in letters and in figures, and the two expressions do not agree, and the Court cannot ascertain the real intention, the expression in letters shall be held good.

Section 13. (from Vol.79)

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 Court cannot ascertain the real intention, the lowest expression shall be held good.

Section 14. (from Vol.79)

Whenever a document is executed in two versions, one in the Siamese language, the other in another language, and there are discrepancies between the two versions, and the Court cannot ascertain which version was intended to govern, the document executed in the Siamese language shall govern.

Section 15. (from Vol.79)

I.

Personality begins with the full completion of birth as a living child and ends with death.

II.

A child "en ventre sa mere" is capable of rights provided that it is thereafter born alive.

Section 16. (from Vol.79)

If it is not possible to ascertain the date of birth of a person, his age is calculated from the first day of the official year during which such birth took place.

Section 17. (from Vol.79)

When several persons have perished in a common peril, and it is not possible to determine which of them perished first, they will be presumed to have died simultaneously.

Section 18. (from Vol.79)

If the right to use of 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, then the person entitled may demand from the other abatement of the injury. If a continuance of the injury is to be apprehended, he may apply for an injunction.

Section 19. (from Vol.79)

On completion of twenty years of age a person ceases to be a minor and becomes Sui Juris.

Section 20. (from Vol.79)

A minor becomes Sui Juris upon marriage provided that the male minor marries after the completion of his seventeen years and the female minor after the completion of her fifteen years.

Section 21. (from Vol.79)

For the doing of a juristic act, a minor must obtain the consent of his legal representative. All acts done by him without such consent are voidable except in the four following sections.

Section 22. (from Vol.79)

A minor can do all acts by which he merely acquires a right or is freed from a duty.

Section 23. (from Vol.79)

A minor can do all acts which are strictly personal.

Section 24. (from Vol.79)

A minor can do all acts which are suitable to his condition in life, and actually required for his reasonable needs.

Section 25. (from Vol.79)

A minor, after completing fifteen years of age, can make a will.

Section 26. (from Vol.79)

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 do the same as to property which he has been permitted to dispose of without any purpose being specified.

Section 27. (from Vol.79)

A minor may ask permission from his legal representative to carry on one or more businesses. In case of refusal by the latter, the Court may, on application by the minor, make an order authorising him to carry on business if it is of opinion that the order will be advantageous to him.

Section 28. (from Vol.79)

I.

A person who has been permitted to carry on one or more businesses, has the same capacity in relation to such businesses as a person Sui Juris.

II.

If in such case the minor is not capable of conducting the business, the permission may be withdrawn either by the legal representative or by the Court as the case may be.

Section 29. (from Vol.79)

I.

A person of unsound mind may be adjudged incompetent by the Court on the application of the wife, husband, ascentands, descendants, guardian or curator, or of the Public Prosecutor.

II.

The Order of the Court shall be published in the Government Gazette.

Section 30. (from Vol.79)

A person adjudged incompetent must be placed under guardianship.

Section 31. (from Vol.79)

An act done by a person adjudged incompetent is voidable.

Section 32. (from Vol.79)

An act done by a person of unsound mind but not adjudged incompetent is voidable only when it is proved that the act was done at a time when he was actually of unsound mind, and the other party had knowledge of such unsoundness.

Section 33. (from Vol.79)

I.

If the cause of the incompetency ceases to exist, the Court shall on the application of the person himself or of any of the persons mentioned in Section 29 revoke the adjudication.

II.

The order of the Court revoking the adjudication shall be published in the Government Gazette.

Section 34. (from Vol.79)

I.

A person who is incapable of managing his own affairs because of physical or mental infirmity, habitual prodigality, or habitual intoxication, may be adjudged as quasi-incompetent and placed under curatorship by the Court upon an application by any of the person specified in Section 29.

II.

The order of the Court shall be published in the Government Gazette.

Section 35. (from Vol.79)

I.

A quasi-incompetent person must obtain the consent of his curator for doing the following acts:

II.

In proper circumstances the Court may order that the quasi-incompetent person must obtain the consent of the curator for acts other than those mentioned in the foregoing paragraph.

III.

Any act contrary to the foregoing provisions is voidable.

Section 36. (from Vol.79)

If the cause of the quasi-incompetency ceases to exist, the provisions of Section 33 shall apply correspondingly.

Section 37. (from Vol.79)

A married woman has, as regards her separate property, the same capacity as a person Sui Juris.

Section 38. (from Vol.79)

I.

Subject to the following provisions a married woman cannot, without the permission of her husband, do any act binding the joint property (Sin borikon).

II.

Any act contrary to this provision is voidable.

Section 39. (from Vol.79)

In the following cases a married woman does not require the permission of her husband for doing any act binding her portion of the Common property.

Section 40. (from Vol.79)

A married woman can, without the permission of her husband, make a will dealing with per portion of the Common property.

Section 41. (from Vol.79)

I.

If a married woman is permitted by her husband to carry on a separate business, his permission is not necessary for such juristic acts and legal proceedings as come within the scope of the business.

II.

A permission is implied if she carries on the business with the knowledge of and without any objection by her husband.

III.

In any case the married woman can only bind her portion of the Common property.

Section 42. (from Vol.79)

A husband may revoke or restrict the permission granted by him; but such revocation or restriction cannot be set up against a person acting in good faith.

Section 43. (from Vol.79)

I.

If the permission of the husband is unreasonably withheld [or revoke] a married woman may apply to the Court for an order granting her permission to deal with her portion of the Common property.

II.

The husband must be summoned to appear at the hearing of the application.

III.

The Court may grant the order if it is of opinion that it will be advantageous to her; and it may revoke or restrict such order as it may think fit.

Section 44. (from Vol.79)

The domicile of a natural person is the place where he has his principal residence.

Section 45. (from Vol.79)

If a natural person has several residences where he lives alternately, or various centers of habitual occupations, either one of the former or latter shall be considered his domicile.

Section 46. (from Vol.79)

If the domicile is not known, the place of residence is deemed to be his domicile.

Section 47. (from Vol.79)

The domicile of a natural person, who has no habitual residence, or employs his life in voyages without a central place of business, shall be held to be the place where is found.

Section 48. (from Vol.79)

The domicile is changed by transferring the residences with manifest intention of changing it.

Section 49. (from Vol.79)

If for the purpose of any act a special domicile has been selected, that is deemed to be the domicile in respect to such act.

Section 50. (from Vol.79)

I.

A married woman takes the domicile of her husband. If the husband establishes a domicile in a place in a foreign country to which she does not follow and is not bound to follow him, she does not take his domicile.

II.

So long as the husband has no domicile or his domicile is not known or the married woman does not take his domicile, she may have a separate domicile.

Section 51. (from Vol.79)

The domicile of a minor or an incompetent person is that of his legal representative.

Section 52. (from Vol.79)

Public officials are considered as domiciled in the place where they exercise their functions, provided that such functions are not temporary, periodical or mere commission.

Section 53. (from Vol.79)

I.

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 of the Public Prosecutor, order such provisional measures to be taken as may be necessary for the management of property of such person.

II.

The Court may appoint a manager of the property after one year has elapsed from the day when he has left his domicile or residence if no news of him has ever been received, or from the day when he has last been seen or heard of.

Section 54. (from Vol.79)

The foregoing section applies 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.

Section 55. (from Vol.79)

The court may, on the application of any interested person or of the public prosecutor, order an inventory of the property to be made by the agent with general authority.

Section 56. (from Vol.79)

If it is necessary for the agent with general authority to do any act beyond the scope of his authority, he may do so on obtaining permission of the Court.

Section 57. (from Vol.79)

The manager appointed by the Court must make an inventory of the property of the absent person at the time when he assumes the management; such inventory shall be made in the presence of, and signed by two witnesses.

Section 58. (from Vol.79)

The manager has the powers of an agent with general authority. For acts beyond the scope of his authority he must obtain the previous permission of the Court.

Section 59. (from Vol.79)

If the absent person has appointed an agent with special authority, the manager cannot interfere with such special agency, but he can apply to the Court for an order removing the agent if it appears that his management is likely to cause injury to the absent person.

Section 60. (from Vol.79)

The court may, at any time, of its own motion or on the application of any interested person or of the public prosecutor:

Section 61. (from Vol.79)

The court may order that the manager shall receive a remuneration to be paid out of the property of the absent person.

Section 62. (from Vol.79)

The authority of the manager comes to an end:

Section 63. (from Vol.79)

In so far as it is not contrary to or inconsistent with his Part, the Title XV of Book III concerning Agency applies to the management of the property of the absent person.

Section 64. (from Vol.79)

I.

If a person has left his domicile or residence and it has been uncertain for seven years whether he is living or dead, the court may, on the application of any interested person or of the Public Prosecutor, adjudge that such person has disappeared.

II.

The same applies to a person who has gone to the seat of a war, or has been on a ship which was lost, or has come into any other peril of his life, if it is uncertain whether he is living or dead for three years after the war has come to an end, the ship has been lost or the other peril has passed.

Section 65. (from Vol.79)

A person against whom an adjudication of disappearance has been made is deemed to have died at the completion of the period specified in the foregoing section.

Section 66. (from Vol.79)

I.

If it is proved that the person who disappeared is living, or that he died at a time different from that specified in foregoing section, the Court must upon the application of such person or any interested person or the Public Prosecutor revoke the adjudication; but this does not affect the validity of acts done in good faith between the adjudication and the revocation.

II.

A person who has acquired property under the adjudication but loses his right by its revocation is bound to return such property only so far as he is still enriched by it.

Section 67. (from Vol.79)

The adjudication of disappearance and its revocation shall be published in the Government Gazette.

Section 68. (from Vol.79)

A juristic person can come into existence only by virtue of the provisions of this Code or of other law.

Section 69. (from Vol.79)

A juristic person has rights and duties in conformity with the provisions of law within the scope of its object as defined in the regulation or constitutive act.

Section 70. (from Vol.79)

Subject to foregoing section a juristic person enjoys the same rights and is subject to the same duties as a natural person, except those which by reason of their nature, may only be enjoyed or incurred only by a natural person.

Section 71. (from Vol.79)

I.

The domicile of a juristic person is the place where it has its principal office or establishment or which has been selected as a special domicile in its regulation or constitutive act.

II.

The place where it has a branch office may also be considered its domicile as to the acts there performed.

Section 72. (from Vol.79)

The following are juristic persons:

Section 73. (from Vol.79)

Public bodies are Ministries and Departments of the Government, Local Administrations and Municipalities.

Section 74. (from Vol.79)

Public bodies and Monasteries are governed by the law and regulations relating thereto.

Section 75. (from Vol.79)

The will of a juristic person is declared through its representatives.

Section 76. (from Vol.79)

I.

A juristic person is bound to make compensation for any damage done to other persons by its managers or other representatives in the exercise of their functions, saving its right of recourse against the causers of the damage.

II.

If damage is done to other persons by an act which is not within the scope of the object of the juristic person, those members or managers who voted in favour of such act, are jointly liable to make compensation.

Section 77. (from Vol.79)

When there are several managers, if it is not otherwise provided in the regulations or the constitutive act or otherwise provided by law, decisions as to the affairs of the juristic persons are made by a majority of the managers.

Section 78. (from Vol.79)

Any restriction of modification of the powers of representation of the managers cannot be set up against third person acting in good faith.

Section 79. (from Vol.79)

If a vacancy occurs among the managers, and there is reason to apprehend that damage might ensure from delay, the Court may on the application of any interested person or of the Public Prosecutor appoint a temporary manager.

Section 80. (from Vol.79)

In a matter in which the interests of a juristic person conflict with those of a manager, the latter has no representative power. In such case a special representative must be appointed according to the provisions of the foregoing section.

Section 81. (from Vol.79)

A foundation consists of property appropriated to charitable, religious, scientific, literary or other purpose for the public benefit and not for sharing profit.

Section 82. (from Vol.79)

A foundation must be created by an instrument in writing containing the following particulars:

Section 83. (from Vol.79)

I.

If a foundation is created by an act inter vivos, the provisions relating to Gifts apply mutatis mutandis.

II.

If it is created by will, the provisions relating to Inheritance apply mutatis mutandis.

Section 84. (from Vol.79)

If the founder dies without having made provision as to its name, the office or the manner of the appointment or dismissal of its managers, this shall be done by the Court on the application of any interested person or of the Public Prosecutor.

Section 85. (from Vol.79)

I.

A foundation may be constituted as a juristic person upon authorization by the Government.

II.

Within fourteen days after the authorization being granted, a summary of the particulars of the foundation shall be caused to be published in the Government Gazette by the competent minister.

Section 86. (from Vol.79)

The authorization of a foundation lies entirely in the discretion of the Government and may be granted subject to such conditions as the think fit.

Section 87. (from Vol.79)

In case of authorized foundation the property appropriated by an act inter vivos vests in such foundation from the time when the authorization is granted.

Section 88. (from Vol.79)

In its relation with third persons an authorized foundation is represented by its managers.

Section 89. (from Vol.79)

The relation between an authorized foundation and its managers and between these and third persons are governed by the provisions of this Code concerning Agency.

Section 90. (from Vol.79)

Every foundation is subject to supervision of the Government. Any official commissioned to that effect by the Government shall have access to the books and accounts of the foundation at any reasonable time. He can examine the managers and any agents or employees of the foundation on any matters relating to it.

Section 91. (from Vol.79)

If the managers mismanage or act contrary to the instrument creating the foundation, the Court may on application of the Public Prosecutor or any interested person, dismiss the managers and appoint one or more new managers.

Section 92. (from Vol.79)

A foundation comes to an end:

Section 93. (from Vol.79)

I.

The Court may, on application of the Public Prosecutor or of any interested person, order a foundation to be dissolved and appoint one or more liquidators in the following cases:

II.

The Court may, instead of ordering a dissolution dismiss the managers and appoint one or more new managers.

Section 94. (from Vol.79)

Within fourteen days after an authorized foundation comes to an end the managers must in writing inform the competent authority who shall cause a notification to that effect to be published in the Government Gazette within fourteen days after information.

Section 95. (from Vol.79)

The provisions of law concerning Liquidation of Partnerships and Companies apply to the liquidation of foundation mutatis mutandis.

Section 96. (from Vol.79)

I.

When a foundation comes to an end, its properties shall be transferred to such juristic person as may have been designated by the instrument creating the foundation.

II.

In the absence of such juristic person, the Court shall, on application of the Public Prosecutor or of any interested person, appropriate the properties to such other juristic persons the purpose of which appears to be as near to the former foundation as possible.

III.

Provided that if such appropriation cannot be made or if the foundation has been dissolved on account of its being contrary to the law or against public order or good morals, the Court may make an order vesting its properties in the State.

Section 97. (from Vol.79)

I.

Regulations for the authorization and supervision of foundations within the meaning of the present Part may be issued by the Minister responsible for the local administration.

II.

The Minister shall cause a list of authorized foundations to be kept together with the particulars published in the Government Gazette.