Civil and Commercial Code.
Country
Type of law
Legislation
Abstract
The Thailand Civil and Commercial Code is the main body of provisions dealing with the legal affairs and rights of private persons (natural and legal persons). It contains areas such as family law, inheritance law, contract law, property law, corporate law and commercial law. The Code is composed of the following Books: I) General principles (provisions on natural and legal persons, things, among others); II) Obligations; III) Specific contracts; IV) Property ; V) Family law; VI) Succession.
PROPERTY AND REAL RIGHTS. Property and real rights are regulated under Book IV, which consists of eight Titles covering general provisions on the creation of real rights, as well as specific provisions governing the extent and exercise of ownership (Sections 1308-1355), common ownership (Sections 1356-1366), servitudes (Sections 1387-1401), superficies (Sections 1410-1416), usufruct (Sections 1417-1428 (see in particular Section 1417(3), which stipulates that the usufruct of a forest, mine or quarry entitles the usufructuary to the exploitation of the forest, mine or quarry.). Rules on the exercise of possession are laid down (see Sections 1367-1386), including the acquisition of land through possession (see Section 1382, applicable to immovable and movable things). Also, the Code identifies the public domain, which encompases every kind of State property which is in use for public interest or reserved for the common benefit, such as waste land and land surrendered, abandoned or otherwise reverted to the State according to the land law; and property for the common use of the people e.g., foreshores, waterways, lakes (Section 1304). Any property which forms part of the domaine public of State is in-alienable except by virtue of a special law or Royal Decree; no prescription can be set up against the State with regard to any property which forms part of its public domain.
OBLIGATIONS AND CONTRACTS. Book II is devoted to obligations (the requirement to do what is imposed by law, promise, or contract) and their effects. The Code lays detailed rules on the consequences of non-performance of obligations, subrogation, and the extinction of obligations, among other aspects. Preferential rights in movables of the debtor are envisaged as regards agricultural services: according to Section 259, a person in whose favour an obligation exists based upon grounds of agricultural services has a preferential right in particular movables of the debtor. Title II of Book II establishes general provisions on the formation and conclusion of contracts, whereas Book III lays down detailed provisions on specific contracts (including sale, lease, loan, deposit, mortgage, insurance).
INHERITANCE. Book V regulates succession. An estate devolves on the heirs by statutory right or by will (Section 1603). The Code provides for division into portions between several classes and degrees of heirs (Sections 1629-1631) and division into shares between the statutory heirs in each class and degree (Sections 1632-1634).
WATER. The Code gives special attention to water resources. Provisions are laid down as to the extent and exercise of ownership. See in particular Sections 1339 and 1340, which stipulate that the owner of a piece of land is bound to take the water that flows naturally on to it from higher land, or water coming to it from the higher land in consequence of the artificial drainage of the higher land, if before the drainage the water flowed naturally on to his land. Further, it is established that the owner of an immovable property must not construct roofs or other structures which cause rainwater to fall upon the adjoining property (Section 1341). Section 1342 concerns restrictions to the installation of wells, ponds and underground water-pipes. Moreover, the Code establishes a general principle to draw water: the owner of a piece of land along or through which a water-way passes is not entitled to draw more water than necessary for his reasonable needs to the prejudice of any other piece of land on the water-way (Section 1355). In matter of water resources it is worth noticing also provisions on servitudes (Sections 1387-1401). Servitudes can establish burdens or restrictions on a neighboring parcel or parcels of land, including for instance the use of a neighboring water well.
AGRICULTURE AND FORESTRY. Special attention is given to agriculture and forestry activities under Title V of Book I, which sets forth general provisions concerning the periods of prescription. According to Section 193/34, paragraph 2, the period of prescription is two years for claims of those who engage to agriculture or forestry, for delivery of agricultural or forest products, so far as the delivery is for the domestic use of the debtor.
PLANTS. Particular provisions on the ownership of plants and trees are included under Book IV. See for instance Section 1346, which establishes that a tree which stands upon a boundary line is presumed to belong to the owners of the adjoining pieces of land in common. Its fruits belong to such owners in equal shares as well as the timber itself if the tree is felled. See also Section 1347 (defining the actions that the owner of a piece of land may perform) and Section 1348 (concerning fruits falling naturally upon adjoining land). Specific provisions on the right of superficies over plantations are set out in Sections 1410 et seq. The right of superficies is a registered property right that separates ownership of the land and anything on or in the land (plantations and/or a structure). One person owns the land (it cannot be a foreigner), whereas another person owns everything on or in the land (it can be a foreigner) but has no ownership rights in the land itself. The superficies agreement specifies the terms and conditions upon which the right of superficies is granted.
ANIMALS. Specific rules on the ownership of animals are laid down under Book IV, in Section 1353. A person may lead his cattle into or through another person's unenclosed land for grazing and watering; he may fetch water from a well or pound within such land; provided always that it is not a plantation and is not prepared for cultivation, sown or covered with a crop. The owner may however forbid such action.
WILDLIFE. The Code contains specific provisions on wild animals. Subject to special laws and regulations, wild animals are ownerless so long as they have their freedom. Wild animals in zoological gardens and fishes in pounds or other enclosed private waters are not ownerless (Section 1320). According to Section 1321, a person who catches a wild animal on waste lands or in public waters or, without opposition of the owner, on private lands or in private waters, becomes its owner. See also Section 1354 which stipulates that a person may, if permitted by local customs, enter a wood, forest or pasture land owned by another person to collect fuel or gather wild fruits, vegetables and mushrooms, provided that the owner does not prohibit it.
PROPERTY AND REAL RIGHTS. Property and real rights are regulated under Book IV, which consists of eight Titles covering general provisions on the creation of real rights, as well as specific provisions governing the extent and exercise of ownership (Sections 1308-1355), common ownership (Sections 1356-1366), servitudes (Sections 1387-1401), superficies (Sections 1410-1416), usufruct (Sections 1417-1428 (see in particular Section 1417(3), which stipulates that the usufruct of a forest, mine or quarry entitles the usufructuary to the exploitation of the forest, mine or quarry.). Rules on the exercise of possession are laid down (see Sections 1367-1386), including the acquisition of land through possession (see Section 1382, applicable to immovable and movable things). Also, the Code identifies the public domain, which encompases every kind of State property which is in use for public interest or reserved for the common benefit, such as waste land and land surrendered, abandoned or otherwise reverted to the State according to the land law; and property for the common use of the people e.g., foreshores, waterways, lakes (Section 1304). Any property which forms part of the domaine public of State is in-alienable except by virtue of a special law or Royal Decree; no prescription can be set up against the State with regard to any property which forms part of its public domain.
OBLIGATIONS AND CONTRACTS. Book II is devoted to obligations (the requirement to do what is imposed by law, promise, or contract) and their effects. The Code lays detailed rules on the consequences of non-performance of obligations, subrogation, and the extinction of obligations, among other aspects. Preferential rights in movables of the debtor are envisaged as regards agricultural services: according to Section 259, a person in whose favour an obligation exists based upon grounds of agricultural services has a preferential right in particular movables of the debtor. Title II of Book II establishes general provisions on the formation and conclusion of contracts, whereas Book III lays down detailed provisions on specific contracts (including sale, lease, loan, deposit, mortgage, insurance).
INHERITANCE. Book V regulates succession. An estate devolves on the heirs by statutory right or by will (Section 1603). The Code provides for division into portions between several classes and degrees of heirs (Sections 1629-1631) and division into shares between the statutory heirs in each class and degree (Sections 1632-1634).
WATER. The Code gives special attention to water resources. Provisions are laid down as to the extent and exercise of ownership. See in particular Sections 1339 and 1340, which stipulate that the owner of a piece of land is bound to take the water that flows naturally on to it from higher land, or water coming to it from the higher land in consequence of the artificial drainage of the higher land, if before the drainage the water flowed naturally on to his land. Further, it is established that the owner of an immovable property must not construct roofs or other structures which cause rainwater to fall upon the adjoining property (Section 1341). Section 1342 concerns restrictions to the installation of wells, ponds and underground water-pipes. Moreover, the Code establishes a general principle to draw water: the owner of a piece of land along or through which a water-way passes is not entitled to draw more water than necessary for his reasonable needs to the prejudice of any other piece of land on the water-way (Section 1355). In matter of water resources it is worth noticing also provisions on servitudes (Sections 1387-1401). Servitudes can establish burdens or restrictions on a neighboring parcel or parcels of land, including for instance the use of a neighboring water well.
AGRICULTURE AND FORESTRY. Special attention is given to agriculture and forestry activities under Title V of Book I, which sets forth general provisions concerning the periods of prescription. According to Section 193/34, paragraph 2, the period of prescription is two years for claims of those who engage to agriculture or forestry, for delivery of agricultural or forest products, so far as the delivery is for the domestic use of the debtor.
PLANTS. Particular provisions on the ownership of plants and trees are included under Book IV. See for instance Section 1346, which establishes that a tree which stands upon a boundary line is presumed to belong to the owners of the adjoining pieces of land in common. Its fruits belong to such owners in equal shares as well as the timber itself if the tree is felled. See also Section 1347 (defining the actions that the owner of a piece of land may perform) and Section 1348 (concerning fruits falling naturally upon adjoining land). Specific provisions on the right of superficies over plantations are set out in Sections 1410 et seq. The right of superficies is a registered property right that separates ownership of the land and anything on or in the land (plantations and/or a structure). One person owns the land (it cannot be a foreigner), whereas another person owns everything on or in the land (it can be a foreigner) but has no ownership rights in the land itself. The superficies agreement specifies the terms and conditions upon which the right of superficies is granted.
ANIMALS. Specific rules on the ownership of animals are laid down under Book IV, in Section 1353. A person may lead his cattle into or through another person's unenclosed land for grazing and watering; he may fetch water from a well or pound within such land; provided always that it is not a plantation and is not prepared for cultivation, sown or covered with a crop. The owner may however forbid such action.
WILDLIFE. The Code contains specific provisions on wild animals. Subject to special laws and regulations, wild animals are ownerless so long as they have their freedom. Wild animals in zoological gardens and fishes in pounds or other enclosed private waters are not ownerless (Section 1320). According to Section 1321, a person who catches a wild animal on waste lands or in public waters or, without opposition of the owner, on private lands or in private waters, becomes its owner. See also Section 1354 which stipulates that a person may, if permitted by local customs, enter a wood, forest or pasture land owned by another person to collect fuel or gather wild fruits, vegetables and mushrooms, provided that the owner does not prohibit it.
Attached files
Date of text
Repealed
No
Source language
English
Legislation Amendment
No