Thai Civil & Commercial Code Part 3

TITLE I: General Provisions

1. Real Rights Creation: (Section 1298-1301)

   • Real rights can only be created by the Civil and Commercial Code or other laws.

   • Acquisition or transfer of real rights over immovables requires a written juristic act and registration.

2. State-Owned Property: (Section 1304-1307)

   • Public domain property (e.g., waterways, highways) is inalienable unless by special law.

   • No prescription or seizure can be set against the State’s property.

TITLE II: Ownership

CHAPTER I: Acquisition of Ownership

1. Land and Building Rights: (Section 1308-1317)

   • Riparian owners gain new land by alluvion; islands in public waterways belong to the State.

   • A landowner owns buildings constructed in good faith but must compensate the constructor.

   • Bad faith constructions must be removed at the constructor's expense.

2. Movables: (Section 1318-1332)

   • Movables can be acquired by occupation if they are ownerless.

   • Rules govern acquisition through finding, auction, or good faith purchases.

3. Prescription: (Section 1333)

   • Ownership of property may be acquired through possession under the rules of acquisitive prescription.

4. Special Cases: (Section 1334)

   • Waste and abandoned lands can be acquired according to land laws.

CHAPTER II: Extent and Exercise of Ownership

1. Rights and Responsibilities of Owners: (Section 1335-1355)

   • Ownership extends vertically (above and below the land’s surface) and includes rights to use, dispose of, and protect property.

   • Restrictions on usage (e.g., water flow, excavations) and neighborly rights (e.g., boundary trees, hedges) apply.

2. Right of Passage: (Section 1349-1350)

   • Landlocked owners can demand passage over neighboring land with reasonable compensation.

CHAPTER III: Co-Ownership

1. Management and Partition: (Section 1356-1366)

   • Co-owners are presumed equal unless agreed otherwise.

   • Co-owned property can only be sold or divided with mutual consent or by court order.

TITLE III: Possession

1. Acquisition of Possession: (Section 1367-1372)

   • Possession is acquired by holding property with the intention to own it. A possessor is presumed to act in good faith.

2. Protection of Possession: (Section 1373-1376)

   • Possessors are entitled to legal protection against interference or unlawful deprivation.

3. Transfer and Loss of Possession: (Section 1377-1381)

   • Possession is transferred through delivery or declaration of intent and ends when abandoned.

4. Acquisitive Prescription: (Section 1382-1386)

   • Ownership is acquired after peaceful possession of immovables for 10 years or movables for 5 years.

TITLE IV: SERVITUDE

1. Definition (Sec. 1387):A property (servient) must tolerate or refrain from certain acts for the benefit of another property (dominant).

2. Key Rules:

   • No increased burden (Sec. 1388): Dominant owner can't make changes that increase servient property's burden.

   • No additional burden (Sec. 1389): Changes in the dominant owner's needs can’t increase the servient property’s burden.

   • Preservation by Dominant Owner (Sec. 1391): Maintenance of servitude is at their expense.

3. Transfer and Extinction:

   • Servitudes follow the dominant property (Sec. 1393).

   • Extinguished by destruction, non-use for 10 years, or lack of benefit (Sec. 1397–1400).

TITLE V: HABITATION (ARSAL)

1. Definition (Sec. 1402):The right to live in someone’s building rent-free.

2. Key Points:

   • Can last for life or a fixed period (max 30 years, renewable) (Sec. 1403).

   • Not transferable or inheritable (Sec. 1404).

   • Family members may live with the grantee unless restricted (Sec. 1405).

   • The grantor isn’t responsible for maintenance (Sec. 1407).

TITLE VI: SUPERFICIES

1. Definition (Sec. 1410):Allows a person to build or own structures on someone else’s land.

2. Key Points:

   • Transferable unless stated otherwise (Sec. 1411).

   • Can last for a period or lifetime (Sec. 1412).

   • Buildings remain the superficiary's property, but the landowner can buy them at market value when the superficies ends (Sec. 1416).

TITLE VII: USUFRUCT

1. Definition (Sec. 1417):Right to possess, use, and enjoy another’s property (e.g., farmland, mines).

2. Key Rules:

   • Usufruct lasts for life or a fixed period (Sec. 1418).

   • Usufructuary must preserve the property and handle minor repairs (Sec. 1424).

   • Expenses, taxes, and insurance must be paid by the usufructuary (Sec. 1426–1427).

   • Ends if the property is destroyed or after 1 year of inactivity by the owner (Sec. 1419, 1428).

TITLE VIII: CHARGE ON IMMOVABLE PROPERTY

1. Definition (Sec. 1429):Immovable property grants a right for periodic use or enjoyment.

2. Key Points:

   • Duration: Lifetime or fixed term (Sec. 1430).

   • Non-transferable unless stated otherwise (Sec. 1431).

   • Non-performance allows court remedies like appointing a receiver (Sec. 1433).

TITLE I: MARRIAGE

CHAPTER I: Betrothal

1. Age and Consent (Sec. 1435–1436):

   • Must be 17+ (court can allow exceptions).

   • Minors need consent from parents/guardians.

2. Property (Sec. 1437):

   • Khongman: Belongs to the woman after betrothal.

   • Sinsod: Given to parents but returnable if marriage fails due to the woman’s fault.

3. No Compulsion (Sec. 1438):Betrothal cannot force marriage; breach may lead to compensation (Sec. 1439).

CHAPTER II: Marriage Conditions

1. Key Rules (Sec. 1448–1453):

   • Minimum age: 17.

   • No marriage if insane, already married, or related by blood.

   • Women must wait 310 days after divorce or widowhood unless exceptions apply.

CHAPTER III: Husband and Wife Relations

1. Support and Cohabitation (Sec. 1461):Spouses must support each other.

2. Legal Guardianship (Sec. 1463):If one spouse is declared incompetent, the other becomes their guardian.

CHAPTER IV: Property of Spouses

1. Property Types (Sec. 1470–1474):

   • Sin Suan Tua (personal): Owned before marriage or received as gifts/inheritance.

   • Sin Somros (marital): Acquired during marriage, managed jointly.

2. Consent Required (Sec. 1476):For major transactions like selling/mortgaging joint property.

CHAPTER V: Void Marriage

1. Grounds for Void Marriage (Sec. 1494–1499):

   • Marriages against age, consent, or relationship laws are void.

   • Void marriages do not affect property relations.

CHAPTER VI: Termination of Marriage

1. Ways to End Marriage (Sec. 1501):Death, divorce, or court cancellation.

2. Divorce Grounds (Sec. 1516):

   • Adultery.

   • Abuse or desertion.

   • Inability to cohabit peacefully for 3 years.

3. Division of Property (Sec. 1533):Sin Somros is divided equally.

MEMORIZATION TIPS

1. Group Related Concepts:

   • Rights over immovable property: Servitude, superficies, and usufruct.

   • Marriage property: Sin Suan Tua (personal) vs. Sin Somros (shared).

2. Mnemonics:

   • For Servitude Rules: "No Increase, No Extra Burden, Preserve Well."

   • For Marriage Grounds for Void: "I MAR—Insane, Minor, Already Married, Related."

3. Visual Aids:Create flowcharts to show property division, marriage conditions, or servitude rules.

4. Practice Scenarios:

   • Example: "What happens if a wife deserts the husband for a year?"Answer: Grounds for divorce under Sec. 1516(4).

CHAPTER I: PARENTAGE

Presumptions of Legitimacy

1. Child Born During Marriage (Sec. 1536–1538):

   • Within Marriage or 310 Days After Divorce: Presumed legitimate child of the husband.

   • 310 Days Rule: If the mother remarries within 310 days, the child is presumed to belong to the new husband unless a court decides otherwise.

   • Void Marriages: Children born during void marriages are presumed legitimate unless proven otherwise.

Repudiation of Child's Legitimacy (Sec. 1539–1544):

2. Repudiation Rules:

   • Husband can file an action to repudiate legitimacy if he did not cohabit during conception or was incapable of being the father.

   • Actions must be filed within 1 year of birth or 1 year of a relevant judgment.

3. Heirs' Rights:

   • If the husband dies before filing a case, heirs can continue the action.

Child’s Right to Challenge (Sec. 1545):

4. A child can request the Public Prosecutor to challenge legitimacy if they learn the husband of their mother is not their biological father.

Legitimation (Sec. 1546–1559):

5. Becoming Legitimate:

   • Through parents’ marriage, registration by the father, or court order.

   • Requires consent from the child and the mother.

6. Effects of Legitimation:

   • Child becomes the father’s legitimate child but keeps rights with the biological family.

   • Legitimation cannot be revoked once registered.

CHAPTER II: RIGHTS AND DUTIES OF PARENT AND CHILD

Basic Rights (Sec. 1561–1566):

1. Child's Rights:

   • Use the father’s family name; if unknown, the mother’s name.

   • Parents must provide maintenance and education until the child becomes sui juris.

2. Parents’ Obligations:

   • Support infirm or dependent children even after they become sui juris.

Parental Power (Sec. 1566–1584):

3. Extent of Parental Power (Sec. 1567):

   • Parents decide residence, discipline, and can demand the child’s return if unlawfully detained.

4. Property Management (Sec. 1571):

   • Parents manage the child’s property responsibly and must consult the child for major decisions.

5. Court Oversight:

   • Parents must get court approval for actions like selling the child’s property or entering long-term agreements.

CHAPTER III: GUARDIANSHIP

Appointment of Guardians (Sec. 1585–1591):

1. When Appointed:

   • If a child’s parents die or are deprived of parental power.

   • Court-appointed guardians manage the child’s property and welfare.

2. Restrictions:

   • Guardians cannot act in ways that conflict with the child’s interests or benefit themselves.

Guardian's Responsibilities (Sec. 1592–1598):

3. Duties:

   • Make and submit property inventories, manage investments carefully, and report yearly to the court.

4. Termination of Guardianship:

   • Ends when the child becomes sui juris or when the guardian resigns, dies, or is removed by the court.

CHAPTER IV: ADOPTION

Adoption Rules (Sec. 1598/19–1598/37):

1. Eligibility to Adopt:

   • Adopters must be at least 25 years old and 15 years older than the adoptee.

   • Married adopters require spousal consent.

2. Adoption of Minors:

   • Requires the consent of parents or guardians unless waived by the court due to unreasonable refusal.

   • Welfare institutions can consent if the minor is abandoned.

3. Effects of Adoption:

   • Adopted children gain the status of legitimate children of the adoptor but retain inheritance rights from biological parents.

   • Adoptors do not automatically inherit from adoptees.

4. Dissolution of Adoption (Sec. 1598/31–1598/37):

   • Mutual consent or court order required for dissolution.

   • Grounds include misconduct, failure to maintain the child, or desertion.

KEY POINTS FOR MEMORIZATION

1. Legitimacy: "310 days for legitimacy presumption, courts decide conflicts."

2. Parental Duties: "Maintain, educate, and manage property responsibly."

3. Adoption:

   • "Adopter = Legitimate Parent. Biological Rights Retained."

   • "Adoption dissolves for serious misconduct or neglect."

4. Guardianship: "Court ensures guardians act in the child's best interest."

TITLE III: MAINTENANCE

1. Entitlement to Maintenance (Sec. 1598/38):

   • Can be claimed between spouses or parents and children.

   • Court considers the financial ability of the provider, condition in life of the recipient, and circumstances.

2. Adjustment of Maintenance (Sec. 1598/39):

   • Maintenance can be altered (canceled, increased, or reduced) if circumstances change.

   • If maintenance was denied earlier due to financial inability, it can be revisited upon change in circumstances.

3. Mode of Payment (Sec. 1598/40):

   • Paid as periodical money payments unless agreed otherwise or ordered by the Court.

   • In child maintenance cases, the Court may require alternative arrangements like paying for education or vocational training.

4. Non-Transferable Right (Sec. 1598/41):

   • The right to maintenance cannot be renounced, attached, transferred, or subject to execution.

TITLE I: GENERAL PROVISIONS

CHAPTER I: DEVOLUTION OF AN ESTATE

1. Inheritance and Estate (Sec. 1599–1603):

   • Upon death, a person's estate devolves to heirs (statutory heirs or legatees under a will).

   • Estate includes property, rights, duties, except personal ones.

   • Heirs are only liable up to the value of the inherited property.

2. Fraud or Unworthiness (Sec. 1605–1606):

   • Heirs guilty of fraud, intentional harm, or wrongful acts may be excluded from inheritance.

3. Disinheritance (Sec. 1608–1609):

   • Statutory heirs can only be disinherited through a will or declaration with a competent official.

   • Disinheritance can be revoked via a similar declaration.

4. Renunciation of Inheritance (Sec. 1610–1616):

   • Renunciation must be in writing and cannot be partial or conditional.

   • If renunciation prejudices creditors, they may seek cancellation.

TITLE II: STATUTORY RIGHT OF INHERITANCE

1. Order of Statutory Heirs (Sec. 1629):

   • Six classes of statutory heirs inherit in this order:

     • Descendants (children, grandchildren).

     • Parents.

     • Full siblings.

     • Half-siblings.

     • Grandparents.

     • Uncles and aunts.

   • Surviving spouse has a special share as per Sec. 1635.

2. Representation for Inheritance (Sec. 1639–1644):

   • Descendants of a predeceased heir inherit in their place.

   • Representation does not apply to parents or grandparents.

3. Spousal Rights (Sec. 1635–1638):

   • The spouse’s share depends on surviving heirs:

     • Equal to descendants' share.

     • Half if sharing with parents or siblings.

     • Two-thirds with grandparents or uncles/aunts.

     • Full estate if no other heirs.

TITLE III: WILLS

CHAPTER I: GENERAL PROVISIONS

1. Making a Will (Sec. 1646–1652):

   • A will must be in writing, signed, and comply with legal forms.

   • Executors and heirs have rights and duties as specified.

2. Witnesses (Sec. 1670):

   • Cannot be:

     • Minors, persons of unsound mind, or those with disabilities like blindness, deafness, or muteness.

3. Revocation and Nullity (Sec. 1693–1700):

   • A will can be revoked at any time by the testator.

   • A will is void if:

     • Made by someone under 15 or adjudged incompetent.

     • Conditions violate public policy or identity of legatee is unclear.

CHAPTER II: FORMS OF WILLS

1. Permissible Forms (Sec. 1655–1668):

   • Written Will: Signed and witnessed by two persons.

   • Holograph Will: Entirely handwritten, signed, and dated by the testator.

   • Public Will: Declared before an official and two witnesses.

   • Secret Will: Closed, sealed, and produced before officials with declarations.

   • Oral Will: Allowed only in exceptional cases like war or imminent death

TITLE IV: ADMINISTRATION AND DISTRIBUTION OF AN ESTATE

CHAPTER I: ADMINISTRATOR OF AN ESTATE

1. Appointment of Administrator (Sec. 1711–1713):

   • An administrator can be appointed:

     • By will (testator or a nominee in the will).

     • By Court order if there are issues such as absent heirs, minors, or a lack of an effective will.

   • The Court will appoint administrators based on the benefit of the estate.

2. Eligibility and Roles (Sec. 1714–1723):

   • Ineligible persons: Minors, persons of unsound mind, quasi-incompetents, or bankrupt individuals.

   • Administrators must:

     • Fulfill will instructions and distribute the estate fairly.

     • Act personally unless authorized by the will or Court.

   • Administrators are liable to heirs for mismanagement and must avoid conflicts of interest.

3. Inventory and Management (Sec. 1728–1731):

   • Administrators must prepare an inventory of the estate within 15 days of accepting their role and complete it within one month (extensions allowed by the Court).

   • If no inventory is made or if it's inadequate, the Court may discharge the administrator.

4. Accountability and Completion (Sec. 1732–1733):

   • The administrator must complete the account of management within one year unless extended by heirs, the testator, or the Court.

   • Final accounts must be shared with heirs, with documents preserved for at least five years.

CHAPTER II: REALIZATION OF ASSETS, PAYMENT OF DEBTS, AND DISTRIBUTION

1. Creditor Rights and Debt Payment (Sec. 1734–1742):

   • Estate creditors are paid from the estate's assets.

   • Debts are prioritized as follows:

     1. Estate management expenses.

     2. Funeral costs.

     3. Taxes owed.

     4. Employee wages.

     5. Necessities provided to the deceased.

     6. Administrator remuneration.

   • Heirs may prevent property auction by covering the value of debts.

2. Limitations (Sec. 1737–1738):

   • Creditors can claim payment from any heir but must involve the administrator if one is appointed.

   • Heirs are liable only up to the value of the estate they receive.

CHAPTER III: PARTITION OF AN ESTATE

1. Co-Heirs and Partition (Sec. 1745–1751):

   • Co-heirs share common rights and duties until the estate is partitioned.

   • Partition can occur:

     • By physical division of property.

     • By selling the estate and dividing the proceeds.

   • Co-heirs must compensate one another if a property share is later lost due to eviction.

2. Legal Actions (Sec. 1749–1752):

   • Heirs may demand partition even after prescription lapses.

   • Evicted heirs must claim compensation within three months of eviction.

TITLE V: VACANT ESTATES

1. State Inheritance (Sec. 1753):

   • If there are no statutory heirs, legatees, or foundations created by will, the estate devolves to the state, subject to creditor claims.

TITLE VI: PRESCRIPTION

1. Time Limits for Claims (Sec. 1754):

   • Inheritance claims: Must be filed within 1 year from the death of the deceased or when the heir became aware of the death.

   • Legacy claims: Must be made within 1 year from when the legatee knew of their entitlement.

   • Claims cannot be filed later than 10 years after the death of the deceased.

2. Who Can Invoke Prescription (Sec. 1755):

   • Only an heir, administrator, or entitled person can invoke the one-year prescription period.