Civil and Commercial Code

Book I — General Principles

Every person must, in the exercise of his rights and in the performance of his obligations, act in good faith. This is the general overarching principle of Thai private law and a frequent fallback ground in contract and tort disputes.

Book I — Prescription

Where no other limitation period is specifically fixed, a claim is barred after ten years. This is the catch-all civil limitation period — many contractual claims fall under it unless a shorter specific period (such as the two-year period for certain merchant claims) applies.

Book II — Obligations / Wrongful Acts

A person who, wilfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another is bound to make compensation. This is the cornerstone tort provision in Thai law and the starting point for virtually all civil damages claims for personal injury, property damage and economic loss.

Book II — Obligations / Wrongful Acts

A person who, contrary to the truth, asserts or circulates as a fact that which is injurious to the reputation or to the credit of another is bound to make compensation, even if he did not know of its untruth, provided he ought to have known. This is the civil counterpart to criminal defamation under Sections 326-328 of the Penal Code.

Book III — Specific Contracts (Hire of Property)

A contract for the hire of immovable property cannot be made for a period exceeding thirty years. If made for a longer period, it is reduced to thirty years. The lease may be renewed but the renewal cannot exceed a further thirty years from the time of renewal. This is the source of the well-known 30-year cap on real-property leases in Thailand.

Book III — Partnerships and Companies

Following the 2023 amendment, a private limited company may be formed by any two or more persons subscribing their names to a memorandum (previously three). This brought Thailand into line with most modern jurisdictions and simplified company formation for small businesses and foreign-invested vehicles.

Book V — Family

A marriage can only take place when both man and woman have completed their seventeenth year of age. The court may, in case of having an appropriate reason, allow them to marry before attaining such age. Marriage in Thailand is established by registration with the District Office (amphur); a religious ceremony alone has no legal effect.

Book V — Family

If the husband and wife have not agreed otherwise concerning their property prior to marriage, the relations between them with regard to their properties are governed by the provisions of the Code. To be valid against third parties a prenuptial agreement must be entered into and registered together with the marriage on the same day at the District Office; later 'prenups' are unenforceable.

Book V — Family / Marital Property

Personal property (sin suan tua) consists of property belonging to either spouse before the marriage, property for personal use, property acquired by inheritance or gift, and engagement property (khongman). Sin suan tua remains the sole property of the spouse who owns it and is not subject to division on divorce.

Book V — Family / Marital Property

Marital property (sin somros) consists of property acquired during marriage, property acquired by either spouse during marriage through a will or gift made to both spouses, and the fruits of sin suan tua. Sin somros is presumed jointly owned and is divided equally between the spouses on divorce unless the parties agree otherwise.

Book VI — Succession

When a person dies, his estate devolves on the heirs. Statutory heirs are entitled in the following order: (1) descendants, (2) parents, (3) brothers and sisters of full blood, (4) brothers and sisters of half blood, (5) grandparents, (6) uncles and aunts. The surviving spouse is also a statutory heir and inherits alongside one of these classes.

Book VI — Succession

A will may be made in one of several forms recognised by the Code: an ordinary written will signed by the testator and two witnesses (Section 1656), a holograph will entirely handwritten and dated by the testator (Section 1657), a public will declared before a District Officer (Section 1658), a secret will (Section 1660) or, in special circumstances, an oral will (Section 1663). A will not made in one of these forms is void.