สำนักงานกฎหมายด้านคดีแพ่ง บังคับคดี และงานสถาบันการเงิน

When a execution officer comes to seize a house, land or a car, many debtors assume the property is already lost and there is nothing left to do. That is not the case. The period between "seizure" and "public auction" is a time when the debtor still has rights and several options. This article explains them under Book IV of the current Civil Procedure Code (CPC), which was rewritten in full and completely renumbered by the Act Amending the Civil Procedure Code (No. 30) B.E. 2560 (2017).

1. After seizure, the property still belongs to the debtor

Seizure does not transfer ownership to the creditor. The property remains the debtor's until it is sold at auction. However, seizure has an important effect under CPC s.315: once the property is seized, any sale, transfer, mortgage or other right the debtor creates over it cannot be enforced against the creditor or the execution officer.

If the execution officer leaves the seized property in the debtor's care, the debtor may still use it reasonably, for example by continuing to live in the house, but must keep it from being damaged. If the officer believes the property may be damaged, the officer may take over its care or appoint someone else to look after it.

The law also requires that the auction date be no earlier than 60 days from the date of seizure (CPC s.331 paragraph two). The debtor should make full use of this period.

2. Negotiate with the creditor and request suspension or withdrawal of execution

The most effective route is often to negotiate directly with the creditor, for example to ask for payment in instalments, a reduced amount or a debt restructuring. Many creditors, especially banks, would rather receive payment than wait for an auction, which takes time and may bring a low price.

• Suspension of execution: If the creditor agrees, the creditor may notify the execution officer in writing that it agrees to suspend execution for a set period or on set conditions (CPC s.289). If the debtor does not meet those conditions, execution will continue (CPC s.291).
• Withdrawal of execution: If the debtor deposits the full amount owed under the judgment together with court costs and execution fees, or if the creditor asks in writing to withdraw execution, the officer must withdraw the execution (CPC s.292).

Any agreement with the creditor should always be made in writing, and the debtor should make sure the creditor has actually notified the execution officer before the auction date.

3. Check whether property exempt from seizure has been seized

Some property cannot be taken in execution under CPC s.301, for example:

• Clothing, bedding, household items and personal belongings worth in total no more than 20,000 baht per category
• Tools or items needed to earn a living worth in total no more than 100,000 baht
• Devices that assist or replace parts of the body, property that is strictly personal, and property that cannot be transferred by law

Certain kinds of money also cannot be attached under CPC s.302, such as civil servants' salaries and private employees' salaries or wages of up to 20,000 baht per month (the officer may set a different amount where the law allows). If the wrong kind of property has been seized, the debtor can object immediately.

4. Apply to set aside irregular execution within 15 days

If the seizure or any execution step was wrong or unlawful, for example the auction date was not notified to interested parties or exempt property was seized, the debtor may apply to the court to set it aside or correct it under CPC s.295.

• The application must be filed no later than 15 days from the date the debtor learned of the problem, and before the execution is completed.
• A debtor who knows of the problem but still proceeds, or ratifies the step, loses the right to apply.
• The debtor may ask the court to suspend execution while the application is being considered.
• If the court finds the application groundless and filed to cause delay, it may order the applicant to deposit money or provide security, and anyone who suffers loss may claim damages.

5. Object to the price before the hammer falls, and collect any surplus after the sale

As an interested party, the debtor has the right to be notified of the date, time and place of the sale, and may bid personally or find someone else to bid (CPC s.331). The key point is CPC s.331 paragraph three: once the officer has accepted the highest bid, an interested party cannot later ask to set aside the sale on the ground that the price was unreasonably low.

So if the debtor believes the price is too low, the debtor must attend the auction or send a representative and object before the hammer falls, or bring in a buyer willing to offer a better price.

After the auction, the proceeds are used to pay expenses and then the creditors in order of priority. If any money is left over, the officer must pay the surplus to the debtor (CPC s.344 paragraph two). The debtor should follow up on the statement of receipts and payments and claim this money.

6. The property does not belong to the debtor, or others have a share in it

If the seized property does not belong to the debtor, or is jointly owned by several people, the true owner or co-owner may apply to the court to release all of the property or only their share. This is called a "claim for release of seized property" under CPC s.323. It must be filed within 60 days from the date of seizure; filing after that requires special circumstances and must be done no later than 7 days before the first auction date. Once the court accepts the application, the officer must suspend the sale of that property.

If the property is marital property, a spouse who is not a joint debtor may apply to the court to have their share set aside. It is advisable to consult a lawyer promptly to choose the right route and file in time.

What the debtor should do

1. Obtain copies of the writ of execution, the seizure report and the auction notice, and note the seizure date and the auction date.
2. Contact the creditor immediately to negotiate, put any agreement in writing, and have the creditor notify the officer to suspend or withdraw execution.
3. Check whether any exempt property was seized or any step was irregular. If so, apply to the court within 15 days from learning of the problem.
4. If the property belongs to someone else or is marital property, tell the people concerned to file their application within 60 days from the date of seizure.
5. Attend the auction or send a representative, object to the price before the hammer falls, or bring in a buyer to raise the price.
6. After the sale, check the statement of receipts and payments and claim any surplus.
7. Do not transfer or enter into any transaction over the seized property yourself, and keep the property from being damaged.

Deadlines at the execution stage are very short, and a missed deadline is hard to fix. Debtors should consult a lawyer from the day their property is seized.

References

• Civil Procedure Code, Book IV, as amended by the Act Amending the Civil Procedure Code (No. 30) B.E. 2560 (2017): sections 289, 291, 292, 295, 301, 302, 315, 323, 331, 344

Once the court has placed a debtor under an absolute receivership order, a creditor can no longer file an ordinary civil lawsuit or seize the debtor's assets on its own. The only way to recover money from the debtor's estate is to file a proof of debt (application for repayment of debt) with the official receiver (Bankruptcy Act B.E. 2483 (1940), s.27). The law allows only a short time to file, and missing the deadline by even one day may immediately end the right to be paid in that case. This article summarises what creditors and business owners should know, from the deadline, who must file and which debts can be claimed, through to the steps after filing.

The 2-month deadline: when does it start?

Bankruptcy Act s.91, first paragraph, requires a creditor to file a proof of debt with the official receiver within 2 months from the date the absolute receivership order is published, whether or not that creditor is the plaintiff in the case.

The absolute receivership order must be published both in the Government Gazette and in a daily newspaper (s.28). If the two are published on different dates, the period runs from the later publication, and the "date of publication" means the date the document was actually made available to the public.

If the creditor is outside the Kingdom, the official receiver may extend the period by up to 2 more months. This applies to both Thai and foreign creditors who are abroad at the time of publication, but the extension is discretionary and not a right that is always granted.

Another point to watch: if you have already filed and want to claim more, for example because you left out a penalty or part of the interest, the additional amount must also be filed within the 2 months.

Who must file, and what options does a secured creditor have?

Unsecured creditors, such as trade partners who sold goods on credit, lenders without collateral, or judgment creditors, must file a proof of debt under s.91. There is no other route.

Secured creditors, such as a bank holding a mortgage, have 2 options and must choose only one.

1. Exercise rights under s.95: keep the rights over the collateral without filing a proof of debt. The creditor only needs to notify the official receiver and allow the property to be inspected, and can then enforce against the collateral, for example by suing to enforce the mortgage with the official receiver as defendant, or by asking the official receiver to sell the property at public auction.
2. File a proof of debt under s.96 within the 2-month period, for example by giving up the collateral and claiming the full amount, or by claiming only the shortfall remaining after the collateral has been sold or valued.

Option 2 is available only if the debtor remains liable for more than the value of the collateral. For a mortgage, the contract must contain a clause excluding Civil and Commercial Code s.733; without it, the creditor can use only s.95. In addition, a creditor who has chosen to sue to enforce the mortgage under s.95 and whose sale proceeds fall short cannot then come back and claim the shortfall under s.96. Banks should therefore compare the value of the collateral with the amount of the debt before deciding.

Which debts can be claimed (s.94)

The basic rule is that the debt must have arisen before the date of the court's receivership order. A debt can be claimed even if it is not yet due or is subject to a condition. However, the following debts cannot be claimed:

• Debts arising from acts that violate the law or good morals
• Debts that cannot be enforced by lawsuit, such as debts already barred by the statute of limitations
• Debts the creditor allowed the debtor to incur while knowing the debtor was insolvent, unless the debt was incurred to keep the debtor's business running

Debts arising after the date of the receivership order, such as contracts the debtor entered into on its own after being placed under receivership, cannot be claimed in the bankruptcy case. Interest can generally be calculated up to the date of the court's receivership order (s.100).

What happens if you miss the deadline?

A creditor who does not file in time loses the right to a share of the debtor's estate, and if the debtor is later discharged from bankruptcy, the creditor cannot bring a new lawsuit against the debtor on that debt. The court does not accept claims of not knowing about the publication, or of mistakenly believing the debtor had not been placed under receivership, as force majeure.

The remaining option is s.91/1, added by the Bankruptcy Act (No. 8) B.E. 2558 (2015). A creditor may petition the court, but must show force majeure that prevented timely filing, and even if the court grants permission, the creditor is paid only from assets remaining after earlier distributions. The Supreme Court has also held that s.91/1 does not apply to cases filed before this amending Act came into force (27 August 2015). It should therefore not be relied on as a way out; file on time from the start.

Steps after filing

1. Examination meeting: after the 2-month period ends, the official receiver will summon the debtor and creditors to examine the proofs of debt, giving at least 7 days' notice (s.104). At this meeting, other creditors or the debtor may dispute your claim, and you may likewise dispute other creditors' claims.
2. Investigation of debts: the official receiver has power to summon creditors, the debtor or any person for questioning and to order them to produce documents (s.105). The creditor must bring evidence proving the debt actually exists, even if no one objects and even if it is a judgment debt. If the creditor fails to attend and the investigation is closed as a result, the creditor cannot later submit the evidence to the court instead.
3. Orders and objections: under s.106 as amended in 2015, the official receiver issues the order dismissing the claim, allowing it in full, or allowing it in part. Any interested party who disagrees may file an objection with the court within 14 days of learning of the order (the former s.107, under which the court issued the order, has been repealed).
4. Distribution of assets: once assets have been collected and sold, the money is distributed in the order set out in s.130. Costs of administering the estate, certain fees, taxes and duties, and employees' wages, subject to the conditions set by law, are paid first, and the rest is then shared among ordinary creditors in proportion to their debts.

Examples of Supreme Court judgments

• Supreme Court Judgment No. 44/2549 (2006): the absolute receivership order was published in a newspaper first and then in the Government Gazette. The 2 months must be counted from the date that issue of the Government Gazette was actually made available to the public, being the later publication.
• Supreme Court Judgment No. 1060/2553 (2010): once an absolute receivership order has been published, everyone is deemed to know of it. A creditor's claim that it made an error in checking and believed the debtor had not been placed under receivership is not force majeure justifying an extension of time to file a proof of debt.
• Supreme Court Judgment No. 2647/2566 (2023): a mortgagee creditor may choose whether or not to file a proof of debt. If it considers the collateral sufficient to cover the debt and does not file, it keeps its mortgage rights in their original ranking and may sue to enforce the mortgage in a civil case.

Documents to prepare

• The proof of debt form, with a statement showing details of the debt (s.91, second paragraph)
• Contracts or evidence of the debt, such as loan agreements, invoices, delivery notes, cheques and bills of exchange
• Copies of the judgment and the writ of execution, for judgment creditors
• Evidence of the collateral, such as the mortgage agreement and a copy of the title deed, for secured creditors
• A calculation of the debt and interest up to the date of the court's receivership order
• Company registration certificate, power of attorney, and a copy of the filer's ID card
• Evidence of the publication date of the absolute receivership order, to calculate the deadline correctly

If you are a creditor and are unsure when the debtor was placed under an absolute receivership order, or whether to exercise your rights under s.95 or s.96, you should consult a lawyer promptly, because the 2-month period keeps running every day from the date of publication.

References

• Bankruptcy Act B.E. 2483 (1940), as amended up to (No. 8) B.E. 2558 (2015), sections 27, 28, 91, 91/1, 94, 95, 96, 100, 104, 105, 106, 107 (repealed), 130
• Civil and Commercial Code, section 733
• Supreme Court Judgments Nos. 44/2549 (2006), 1060/2553 (2010), 2647/2566 (2023) and 6976/2562 (2019)

Many people sign as guarantor for a relative, friend or employee, thinking it is just a formality. But when the debtor fails to pay, the creditor turns to the guarantor for the money. The question is how much the guarantor must actually pay. The guarantee provisions amended in 2014 and 2015 (B.E. 2557 and 2558) clearly give guarantors more protection. This article summarises the key principles under the Civil and Commercial Code (CCC) that guarantors and business owners should know.

1. A guarantor is liable only for the specified debt, up to the agreed limit

A guarantee can only be given for a valid debt (CCC s.681, para. 1). The guarantee contract must clearly specify the debt or contract being guaranteed, and the guarantor is liable only for the debt so specified (CCC s.681, para. 3).

If the guarantee covers a future debt, such as an overdraft facility or payment for goods to be ordered later, the contract must specify all four of the following: the purpose of incurring the debt, the nature of the debt, the maximum amount guaranteed, and the period during which the guaranteed debt may be incurred (CCC s.681, para. 2). The exception is a guarantee of a continuing transaction covering a series of dealings under CCC s.699, where the period need not be specified.

If the contract sets a maximum amount, the guarantor is liable only up to that amount. If the guarantee is unlimited, the guarantor is also liable for interest, compensation and charges that are accessory to the debt (CCC s.683).

2. An individual guarantor cannot be made liable as a joint debtor

Any agreement making the guarantor liable in the same way as a joint debtor, or as a joint debtor, is void (CCC s.681/1, para. 1). As a result, the guarantor keeps the right to require the creditor to demand payment from the debtor first, and to enforce against the debtor's property or the debtor's security first (CCC ss.688 to 690).

The only exception is where the guarantor is a juristic person, such as a company or partnership, that agrees to be liable as a joint debtor. Such an agreement is valid, but that juristic person will not have the rights under CCC ss.688 to 690 (CCC s.681/1, para. 2).

Importantly, only that particular term is void. It does not invalidate the whole guarantee contract, so the guarantor is still liable as an ordinary guarantor.

3. The creditor must give the guarantor written notice within 60 days

When the debtor defaults, the creditor must send a written notice to the guarantor within 60 days from the date of the debtor's default, and the creditor cannot demand payment from the guarantor before the notice reaches the guarantor (CCC s.686, para. 1). The consequences to know are as follows:

• Notice given within 60 days: the guarantor is liable under the contract, including the interest that has accrued.
• Notice given after 60 days: the guarantor is released from interest, compensation and charges arising after the 60-day period, but remains liable for the principal (CCC s.686, para. 2).
• No notice at all: the creditor has no right to sue the guarantor yet (Supreme Court Judgment No. 3784/2562 (2019)).
• Notice given before the debtor defaults: this does not count as notice, and the creditor must give notice again after the debtor defaults (Supreme Court Judgment No. 2235/2562 (2019)).

The 60-day period is measured by the date the notice reaches the guarantor. A notice sent to the address stated in the contract is deemed to have reached the guarantor, even if no one receives it or the guarantor does not collect it. In addition, the guarantor has the right to pay the debt on the original terms and in the original manner the debtor had before the default, such as paying by the original instalments, and the creditor cannot charge additional interest during that time because of the debtor's default (CCC s.686).

4. Terms that take away a guarantor's rights are void

Any agreement that differs from CCC s.681, paras. 1, 2 and 3, s.686, s.694, s.698 and s.699 is void (CCC s.685/1). Examples of contract terms that cannot be enforced include:

• A term requiring the guarantor to waive the right to receive written notice within 60 days.
• A term preventing the guarantor from raising the debtor's defences against the creditor (CCC s.694), such as the debt being time-barred or the loan having no written evidence.
• A term keeping the guarantor liable even after the debtor's debt has been extinguished (CCC s.698).
• A term under which the guarantor consents in advance to the creditor granting the debtor extra time to pay. Such a term is unenforceable (CCC s.700, para. 2), unless the guarantor is a financial institution or provides guarantees for a fee in the ordinary course of business (CCC s.700, para. 3).

5. The guarantor's rights when the creditor reduces the debt or grants extra time

Debt reduction: If the creditor agrees to reduce the debtor's debt, the creditor must notify the guarantor in writing within 60 days from the date of the agreement. Once the reduced amount has been paid in full, whether by the debtor or the guarantor, the guarantor is released. Any agreement that places a greater burden on the guarantor than this is void (CCC s.691).

Extra time to pay: If the debt has a fixed due date and the creditor grants the debtor extra time to pay without the guarantor's agreement, the guarantor is released from liability (CCC s.700, para. 1). An example is a debt restructuring that extends the number of instalments. However, a creditor merely not demanding payment is not treated as granting extra time. Also, if the debt reduction is made after the debtor has defaulted and the payment period is extended along with it, the law does not treat this as granting extra time under CCC s.700 (CCC s.691, para. 1).

Examples of Supreme Court judgments

1. Supreme Court Judgment No. 4308/2565 (2022): The guarantor signed a guarantee covering future debts for concrete orders, but the contract did not specify the maximum amount guaranteed or the period during which the guaranteed debt could be incurred. The court held that this differed from CCC s.681, para. 2, and was therefore void under CCC s.685/1. The guarantor was not liable.
2. Supreme Court Judgment No. 8425/2563 (2020): A car hire-purchase lessor had a third party sign a "contract consenting to be a joint debtor" instead of a guarantee contract, even though that person received no benefit from the car. The court found this was a way of avoiding CCC s.681/1, so the agreement was void and that person was not jointly liable.
3. Supreme Court Judgment No. 220/2562 (2019): The debtor defaulted on 25 May 2015, but the creditor sent written notice to the guarantor on 3 February 2016, which was more than 60 days later. The guarantor was therefore released from interest and compensation arising after the 60-day period, but remained liable for the principal.

What you should do

• Read the guarantee contract before signing, and check that the debt, the maximum amount and the period are clearly specified.
• Notify the creditor in writing immediately when you change address, because a notice sent to your old address is deemed to have reached you.
• When you receive a written notice, record the date you received it and compare it with the date the debtor defaulted, to check whether it was more than 60 days.
• If the creditor restructures, reduces or extends the debtor's debt, ask to see the documents, and do not sign any consent without understanding its effect.
• Contracts made before the new law came into force may be governed by the old rules, so check the date of the contract as well.
• If you receive a demand for payment or are sued, consult a lawyer promptly to review your defences before the deadline for filing your answer.

References

• Civil and Commercial Code, sections 681, 681/1, 683, 685/1, 686, 688, 689, 690, 691, 694, 698, 699 and 700 (as amended by the Act Amending the Civil and Commercial Code (No. 20) B.E. 2557 (2014) and (No. 21) B.E. 2558 (2015))
• Supreme Court Judgment No. 4308/2565 (2022)
• Supreme Court Judgment No. 8425/2563 (2020)
• Supreme Court Judgment No. 220/2562 (2019)
• Supreme Court Judgment No. 3784/2562 (2019)
• Supreme Court Judgment No. 2235/2562 (2019)

Thai nationals planning to marry a foreign national usually have two questions. First, what must be done for the marriage to be valid under Thai law? Second, if the couple wants to keep their property clearly separate from the start, what kind of prenuptial agreement will actually be enforceable? This article explains the legal rules under Book V of the Civil and Commercial Code (CCC), as amended by the equal-marriage amendment, the Civil and Commercial Code Amendment Act (No. 24) B.E. 2567 (2024), which uses the terms "two persons" and "spouses" instead of "a man and a woman". It also gives practical guidance on preparing documents.

A Marriage Takes Effect Only Upon Registration

Section 1457 provides that a marriage under the Code can be made only by registration. Holding a wedding ceremony, performing a religious ceremony, or living together for many years therefore does not make a couple legal spouses.

Section 1458 provides that a marriage can be made only if the two persons agree to become spouses, and they must declare their consent openly before the registrar, who records it. Both parties must therefore appear in person. Neither parents nor anyone else can give consent on their behalf. Without genuine consent, the marriage is void under Section 1495.

Registration can be done at any district office. For a marriage registered abroad, Section 1459 allows a marriage between two Thai nationals, or between a Thai and a foreign national, to be made either in the form required by Thai law, by registering at a Thai embassy or consulate, or in the form required by the law of that country.

Conditions of Marriage When the Spouses Have Different Nationalities

The Act on Conflict of Laws B.E. 2481 (1938) divides this matter into two parts.

• Conditions of marriage (Section 19), such as age, capacity, or not already being married, are governed by the law of each party's nationality. The Thai party must meet the conditions under Thai law, and the foreign party must meet the conditions under the law of their own country.
• Form of marriage (Section 20) is governed by the law of the country where the marriage takes place. If the marriage is registered in Thailand, it must follow the Thai form, which is registration before the registrar.

For the Thai party, the key conditions under the CCC are as follows.

• Both parties must have reached 18 years of age, unless the court grants permission for an appropriate reason (Section 1448). An engagement also requires both parties to have reached 18 years of age (Section 1435).
• Neither party may be of unsound mind or an incompetent person (Section 1449).
• The parties must not be blood relatives in the direct line, or full or half siblings (Section 1450).
• An adoptive parent and an adopted child cannot marry each other (Section 1451).
• Neither party may already have a spouse at the time of registration (Section 1452). If this rule is breached, the later marriage is void.

A Thai registrar has no access to foreign family registration records, so the registrar must rely on a confirming document from the foreign party's country stating that the person is single and is qualified to marry under the law of that country. This document is therefore the core of the registration.

What Is a Prenuptial Agreement?

Without a prenuptial agreement, the spouses' property falls under the statutory system of "personal property" and "marital property" (Section 1465, paragraph one). For example, salaries and property acquired during the marriage are marital property, and important acts of managing marital property must be done jointly under Section 1476. The spouses can set different rules for managing marital property only through a prenuptial agreement made in accordance with Sections 1465 and 1466 (Section 1476/1). If the couple wants different rules for their property, they must therefore make a prenuptial agreement.

A prenuptial agreement has limits that should be understood.

• It may cover only property matters between the spouses. Personal matters, such as household duties or child-rearing, should not be included.
• Any term contrary to public order or good morals is void (Section 1465, paragraph two).
• Any term providing that the law of another country will govern the property is void (Section 1465, paragraph two). This point is very important for couples where one spouse is a foreign national, because standard-form agreements from abroad often contain a foreign choice-of-law clause.

Form of a Prenuptial Agreement: If the Form Is Wrong, the Agreement Is Void

Section 1466 requires a prenuptial agreement to be made in one of the following ways at the same time as the marriage registration, otherwise the agreement is void.

1. The agreement is entered in the marriage register, or
2. The agreement is made in writing, signed by the spouses and at least two witnesses, attached to the marriage register, and the registrar records in the marriage register that the agreement is attached.

An agreement that the couple signs privately and keeps at home, or that is presented only after the registration is completed, is not an effective prenuptial agreement. If the agreement is in a foreign language, there should be a matching Thai version, and both should be brought together on the day of registration.

Once the couple is married, the prenuptial agreement cannot be changed or revoked except with the court's permission, after which the court will notify the registrar to record it (Section 1467). Even if the agreement states that the spouses may amend it themselves, that term cannot be enforced. In addition, a prenuptial agreement and any change made by court order do not affect the rights of third parties acting in good faith (Section 1468).

This differs from an agreement made after the marriage, which is an agreement between spouses under Section 1469. Such an agreement has no required form, but either spouse may avoid it during the marriage or within one year after the marriage ends. It is therefore less secure than a prenuptial agreement.

Examples of Supreme Court Judgments

• Supreme Court Judgment No. 1541/2568 (2025): The opposing party's mother impersonated another person who had already died, using the deceased's ID card to identify herself and give consent before the registrar. The court held that this was not the deceased's consent and that the deceased no longer had legal personality to register a marriage, so the registration did not comply with Sections 1457 and 1458. The marriage registration was therefore void under Section 1495. This case confirms that consent must come from the spouses themselves before the registrar.
• Supreme Court Judgment No. 8739/2551 (2008): The spouses made an agreement concerning property during the marriage and agreed that it could not be avoided for a certain period. The court held that the agreement not to avoid it was contrary to Section 1469, which is intended to protect spouses, and was therefore void. The spouses could still avoid the agreement. This case shows that if certainty about property is wanted, a prenuptial agreement should be made in the correct form on the day of registration.

What to Prepare

The list below is general guidance. The documents actually required vary by nationality and embassy, so always check in advance with the foreign party's embassy and with the district office where the marriage will be registered.

• Foreign party: Original passport.
• Foreign party: A certificate or confirmation from the embassy or an authority of their own country stating that they are single or that there is no impediment to the marriage. Some countries issue this as an affidavit or declaration made before a consul.
• Have foreign-language documents translated into Thai, then submit the documents and translations for legalization at the Department of Consular Affairs, Ministry of Foreign Affairs, before taking them to the district office.
• If either party was previously married, prepare proof of divorce or the death certificate of the former spouse, together with certified translations.
• Thai party: National ID card and house registration. If previously divorced, bring the divorce registration certificate.
• Two adult witnesses who attend on the day of registration.
• If the foreign party cannot communicate in Thai, arrange an interpreter acceptable to the district office.
• If making a prenuptial agreement, finish drafting it before the registration day, have it signed by the spouses and at least two witnesses, and ask the registrar to attach it and record it in the marriage register on the same day.
• Check that the agreement contains no foreign choice-of-law clause and no term contrary to public order or good morals.

If the spouses have substantial assets, own a business, or hold property in several countries, they should have a lawyer review the draft prenuptial agreement in advance, because once the marriage is registered it can be amended only with the court's permission.

References

• Civil and Commercial Code, Sections 1435, 1448, 1449, 1450, 1451, 1452, 1457, 1458, 1459, 1465, 1466, 1467, 1468, 1469, 1476, 1476/1 and 1495, as amended by the Civil and Commercial Code Amendment Act (No. 24) B.E. 2567 (2024)
• Act on Conflict of Laws B.E. 2481 (1938), Sections 19 and 20
• Supreme Court Judgment No. 1541/2568 (2025)
• Supreme Court Judgment No. 8739/2551 (2008)

When a family member dies, many people only then discover that transferring the deceased's land or withdrawing their money is not as simple as they expected. Banks and land offices usually ask to see a "court order appointing an estate administrator" first. This article explains when you need to apply for one, who has the right to apply, who cannot be appointed, and what an estate administrator's duties are under the Civil and Commercial Code (CCC).

The estate passes immediately, so why is an estate administrator still needed?

Section 1599 of the CCC sets out the principle that when a person dies, their estate passes to the heirs immediately. The heirs therefore become joint owners of the estate from the day the deceased dies, without having to wait for a court order.

In practice, however, many assets are still registered in the deceased's name in official documents, such as land title deeds, bank deposit accounts, shares or cars. The agencies holding these records need to know who has the authority to sign on behalf of the estate. The estate administrator is therefore the "representative of the estate", with the authority to collect the assets, pay the debts and distribute the property to the heirs.

Section 1711 provides that an estate administrator is a person appointed either by a will or by a court order. If the deceased made a will appointing one, it may not be necessary to go to court. However, if no administrator was appointed, or if the agency requires a court order, a petition must be filed with the court.

When can you ask the court to appoint an estate administrator?

Section 1713, paragraph one, sets out 3 situations in which an application may be made:

1. When the deceased has died and a statutory heir or a beneficiary under the will has disappeared, is outside the Kingdom, or is a minor
2. When the estate administrator or the heirs are unable or unwilling to act, or there is an obstacle to administering or dividing the estate
3. When the provision of the will appointing the estate administrator cannot take effect for any reason

The most common situation is item 2, where there is an obstacle to administering the estate, for example, a bank refuses to release the money, or the land office requires a court order before making a transfer.

Who has the right to file a petition?

Section 1713 gives this right to 3 groups of people:

• Heirs: The person must be an heir who is actually entitled to inherit, meaning they have not been disinherited, have not renounced the inheritance, and are not excluded by an heir of a higher class.
• Interested persons: for example, an unregistered life partner who acquired property jointly with the deceased, the legal representative of an heir who is a minor, or a creditor of the estate where there are no heirs.
• The public prosecutor, who usually files where there are no heirs or the heirs cannot file themselves.

Examples of Supreme Court judgments

• Supreme Court Judgment No. 2495/2540 (1997): The petitioner was the adopted child of the deceased's elder brother, who had died before the deceased. An adopted child is not a direct descendant and therefore cannot inherit by representation. The court held that the petitioner was neither an heir nor an interested person entitled to apply for the appointment of an estate administrator under Section 1713.
• Supreme Court Judgment No. 358/2554 (2011): The deceased's husband intentionally caused her death and then killed himself. The husband was therefore treated as excluded from inheriting on the ground of being unworthy. His siblings, who filed the petition, were therefore neither heirs nor interested persons and had no right to apply to be estate administrators.
• Supreme Court Judgment No. 6540/2557 (2014): The deceased made a will giving rights in land within a land reform area to a certain person, but these rights could pass only to statutory heirs. That part of the will was therefore void. The petitioner, as a statutory heir, remained an interested person and was entitled to be the estate administrator, so the court did not remove the petitioner.

The lesson from these cases is that the court always checks first whether the applicant genuinely has "rights in the estate". Being a relative alone is not enough.

Who cannot be an estate administrator?

Section 1718 prohibits the following persons from being an estate administrator:

• A person who has not yet come of age
• A person of unsound mind, including a person whom the court has declared incompetent or quasi-incompetent
• A person whom the court has declared bankrupt

Duties of an estate administrator and removal of an estate administrator

The duties of a court-appointed estate administrator begin from the date they hear, or are deemed to have heard, the court order (Section 1716). The key duties are as follows:

• Do what is necessary for the general administration and division of the estate, including carrying out the will, if any (Section 1719).
• Prepare an inventory of the estate. This must be started within 15 days (Section 1728) and completed within 1 month (Section 1729). An extension may be requested from the court if the request is made before the deadline. The inventory must be made in the presence of at least 2 witnesses, who must also be interested persons in the estate.
• Complete the administration within 1 year and prepare a report showing the accounts of the administration and division of the estate, unless the testator, a majority of the heirs, or the court has set a different time (Section 1732).
• Do not enter into transactions that conflict with the interests of the estate, such as selling estate property to oneself, unless permitted by the will or by the court (Section 1722).

If an estate administrator transfers land into their own name but has not yet distributed it to the heirs, they are considered to be still holding the property on behalf of the heirs, and the administration of the estate is not yet complete (Supreme Court Judgment No. 14882/2558 (2015)). Any lawsuit by an heir relating to the administration of the estate must be filed within 5 years from the end of the estate administration (Section 1733, paragraph two).

Removal of an estate administrator: Under Section 1727, any interested person may ask the court to remove an estate administrator who neglects their duties or where there is another proper reason, but the application must be filed before the division of the estate is completed. An estate administrator may also resign for a proper reason, but must obtain the court's permission.

Documents to prepare

Generally, a petition to appoint an estate administrator is filed with the court in whose area the deceased was domiciled at the time of death. The documents commonly used are as follows (each court may ask for more):

• The deceased's death certificate
• A copy of the deceased's house registration stamped "deceased"
• The petitioner's national ID card and house registration
• Documents showing the relationship, such as birth certificates, marriage certificates, divorce certificates or child legitimation certificates
• Death certificates of any heirs who died earlier (if any), and of the deceased's parents if they have died
• Evidence of the estate assets, such as copies of land title deeds, bank passbooks and vehicle registration books
• The will (if any)
• A family tree and letters of consent from the other heirs
• A certificate confirming that the petitioner is not bankrupt, as required by the court

If the heirs do not agree, someone objects, or one of the heirs is a minor, you should consult a lawyer from the start.

References

• Civil and Commercial Code, Sections 1599, 1711, 1713, 1716, 1718, 1719, 1722, 1727, 1728, 1729, 1732, 1733
• Supreme Court Judgments No. 2495/2540 (1997), 358/2554 (2011), 6540/2557 (2014) and 14882/2558 (2015)
• Office of the Council of State, Central Legal System (www.krisdika.go.th)

Car accidents happen every day. Many people are so busy recovering from injuries, repairing their cars, or waiting for the other party to get back to them that they forget the right to claim damages has a "limitation period". If too much time passes beyond the legal deadline, the court may dismiss the case, even if you are in the right. This article explains in simple terms how long you have to make a claim after a car accident, what you can claim, and who you can claim from.

The 1-Year Limitation Period for Torts: When Does It Start?

Driving carelessly and hitting someone is a "tort" (wrongful act) under Section 420 of the Civil and Commercial Code (CCC). The person who commits the tort must pay compensation.

The limitation period is set out in Section 448, paragraph one, which has two tiers:

• 1 year from the date the injured person "knew of the wrongful act" and "knew who is liable to pay compensation". The person must know both of these things before the limitation period starts to run.
• 10 years from the date the wrongful act was committed. Even if the injured person still does not know who hit them, no claim can be filed once 10 years have passed.

For example, if you are hit and the other driver flees, but three months later the police catch the driver and you learn their name, the 1-year limitation period starts from the day you learned who the driver was, not the day of the accident. In any case, the total period cannot exceed 10 years from the date of the incident.

Another point to note is that the vehicle's owner or operator may be liable under Section 437, which covers damage caused by vehicles propelled by mechanical power. The person in possession or control of the vehicle is liable unless they can prove the damage was caused by force majeure or by the injured person's own fault.

What Damages Can Be Claimed?

The general rule is in Section 438: the court determines compensation according to the circumstances and the seriousness of the wrongful act, including the return of property or payment of the value of damaged property. Common types of damages in car accident cases are:

• Damage to property, such as car repair costs, loss of the car's value, and loss of use of the car while it is being repaired.
• Personal injury (Sections 444 and 446): medical expenses, loss of earning capacity both now and in the future, and non-monetary damages such as pain, suffering, and disability.
• Death (Section 443): funeral expenses, other necessary expenses, medical expenses before death, loss of earnings before death, and loss of support for those whom the deceased was legally obliged to support, such as children, a spouse, or parents.

If the injured person was also careless, the court may reduce the compensation in proportion to each party's share of the fault (Section 442, read with Section 223).

Can You Claim from the Insurance Company, and Within How Long?

Yes, if the other party's car has voluntary insurance that covers liability to third parties. This contract is "liability insurance" under Section 887. The injured person has the right to claim compensation directly from the other party's insurer, up to the policy limit. When suing the insurer, the insured person must also be summoned into the case.

Be careful: the limitation period for claiming compensation from an insurer is in Section 882, which is 2 years from the date of the loss, meaning the date of the incident, not the date you learned who committed the wrongful act. You should therefore start taking action early.

In addition, every vehicle must have compulsory insurance under the Protection for Motor Vehicle Accident Victims Act B.E. 2535 (1992). Accident victims are entitled to "initial compensation" for medical expenses, or funeral expenses in the case of death, without having to wait for proof of which party was at fault. The amounts are set by announcements of the Office of Insurance Commission (OIC) and may change. You should check the latest figures with the insurance company or the OIC hotline 1186, and you should apply promptly, because the law sets a time limit for filing the claim.

If There Is Also a Criminal Case, Is the Limitation Period Longer?

Careless driving that causes serious injury or death to another person is also a criminal offence. Section 448, paragraph two provides that if the claim for damages arises from a criminal offence and the criminal limitation period is longer than 1 year, the longer criminal limitation period applies instead.

For example, in a case of careless driving causing death, the criminal limitation period is much longer than 1 year, so the injured party has longer than usual to sue the driver. However, this rule applies mainly to the offender. An employer, the vehicle owner, or an insurance company may be subject to a different limitation period, so you should not assume that everyone can be sued within the same length of time.

The injured person may also ask the public prosecutor to claim damages on their behalf, or file a petition for compensation within the criminal case, which helps save time and costs.

Examples of Supreme Court Judgments

1. Supreme Court Judgment No. 6964/2561 (2018): Loss from being unable to use one's own car is a direct damage from the wrongful act and can be claimed, even if the injured person found another person's car to use instead.
2. Supreme Court Judgment No. 2648/2524 (1981): The accident was caused by the carelessness of an employee driving in the course of employment, not by the gross negligence of the employer, who was the insured. The liability insurer was therefore jointly liable to the injured party.
3. Supreme Court Judgment No. 2604/2565 (2022): A claim for compensation under the part of a policy that is non-life (indemnity) insurance must be filed within 2 years from the date of the loss under Section 882. Since the claim was filed after more than 2 years, it was time-barred.

What to Do After an Accident

• Take photos of the scene, all vehicles, licence plates, and injuries, and keep your dashcam footage.
• Write down the other party's name, phone number, licence plate number, and insurance company, as well as details of any witnesses.
• Report the accident to the local police and request a copy of the daily police report.
• Notify your own insurance company and the other party's insurance company immediately.
• Keep every receipt for medical treatment, repairs, and travel, as well as evidence of lost income.
• Write down the date of the accident and the date you learned who the other party was, so you can calculate the 1-year and 2-year limitation periods.
• Do not sign any settlement or waiver documents unless you fully understand their contents.
• Consult a lawyer well before the limitation period expires, especially in cases of serious injury or death.

References

• Civil and Commercial Code, Sections 223, 420, 437, 438, 442, 443, 444, 446, 448, 882 and 887
• Protection for Motor Vehicle Accident Victims Act B.E. 2535 (1992)
• Supreme Court Judgments No. 6964/2561 (2018), 2648/2524 (1981) and 2604/2565 (2022)
• Office of Insurance Commission (OIC), hotline 1186

Many people get ready to open a shop by choosing a shop name, designing a logo, ordering signs, and printing shopping bags. But they forget one small yet very important step: registering the trademark. If the shop starts selling well one day and someone else registers the same name first, the real owner may have to change the name, throw away the signs, and build a new brand from scratch. This article explains, based on the Trademark Act B.E. 2534 (1991) as amended, why you should register before opening your shop and what you should prepare.

1. Full rights come from registration

Trademark Act s.44 provides that a person registered as the owner of a trademark has the exclusive right to use that mark for the goods it is registered for. Put simply, the registration certificate is the clearest proof that the brand belongs to you.

Keep in mind that this right is tied to the list of goods or services stated in the application. If you register only for coffee but later also sell bakery products, you should consider registering further to cover them.

Another common misunderstanding is that registering a business or company name is the same as registering a trademark. It is not. A company name registered with the Department of Business Development does not give you an exclusive right to the brand name under trademark law.

2. Without registration, you cannot sue for infringement, only for passing off

Trademark Act s.46, paragraph one, provides that no person may bring a lawsuit to prevent infringement of an unregistered trademark, or claim compensation for such infringement.

However, s.46, paragraph two, still allows the owner of an unregistered mark to sue someone who passes off their own goods as the goods of the mark owner. But passing off is much harder to prove, because you must show the court that:

• your brand is already reasonably well known
• the other party has led customers to believe that their goods are yours
• you have evidence of earlier use of the brand, such as receipts, photos of the shop, and advertisements

For a newly opened shop that is not yet well known, relying on passing off is therefore of almost no help. In addition, the criminal penalties under ss.108 to 110, such as counterfeiting or imitating a trademark and selling goods bearing a counterfeit or imitated mark, protect registered marks only. For example, the offence of counterfeiting under s.108 carries imprisonment of up to 4 years, or a fine of up to 400,000 baht, or both.

3. What can you do if someone else registers first?

The Thai system mainly favours whoever files first. If someone files to register your shop name, you still have these ways to fight back:

• File an opposition (s.35). When the other party's application is published, you can file an opposition with the Registrar within 60 days from the date of publication.
• Petition the Trademark Board for cancellation, for example where the mark should never have been registered in the first place (s.61), or where the owner has not genuinely used it in good faith for 3 consecutive years (s.63).
• Sue in court for cancellation of the registration (s.67) if you have a better right, for example because you created and used the mark first in good faith. You must sue within 5 years from the date the Registrar ordered the registration. After 5 years, this option is closed.

All of the above options take time and money, and require evidence of earlier use. Registering yourself from the start is therefore always cheaper and easier.

4. Which marks cannot be registered?

Trademark Act s.6 provides that a registrable mark must meet all 3 requirements:

1. It is distinctive (s.7), meaning it lets customers tell that the goods are yours. Words that directly describe the qualities of the goods, such as "very delicious" for a restaurant or "skin nourishing cream" for cosmetics, usually cannot be registered, unless they have been used so widely that this can be proven under s.7, paragraph three.
2. It is not prohibited (s.8), such as state emblems, the national flag, marks contrary to public order or good morals, or marks identical or similar to a well-known mark.
3. It is not identical or similar to a mark already registered by someone else (s.13) to the extent that the public may be confused or misled as to the owner or origin of the goods.

Tip: choose an invented name or one not directly related to the product. It will be easier to register and will get stronger protection.

5. Procedure and term of protection

1. Search for similar marks in the Department of Intellectual Property database.
2. Choose the class of goods or services and list items that cover your business.
3. File the application, which can now be done online.
4. The Registrar examines it. If it passes, it will be published so that third parties can file an opposition within 60 days.
5. If there is no opposition, or you win the opposition, pay the registration fee and receive the registration certificate.

Once registered, the filing date is treated as the registration date (s.42), and protection lasts 10 years from the registration date (s.53). It can be renewed for further 10-year periods with no limit on the number of renewals, by filing a renewal request within 3 months before the expiry date (s.54). If that window is missed, renewal can still be requested within 6 months after expiry, with a 20% surcharge on the renewal fee. The sooner you file, the sooner your protection starts. This is why you should file before opening your shop.

Examples of Supreme Court judgments

Supreme Court Judgment No. 343/2503 (1960): The plaintiff used the mark "Fab" for washing powder. The defendant used it for toothpicks, which are goods of a different class. The Supreme Court held that this could still be passing off if it led buyers to believe the defendant's goods belonged to the mark owner, because passing off is not only deception about the product itself but also includes deception about ownership.

Supreme Court Judgment No. 677/2532 (1989): The defendant's bread box was identical to the plaintiff's on all six sides, including the colours, pictures, and position of the lettering. The court found this to be passing off. This shows that copying the look of the packaging can also be a problem, even if the brand name itself is not copied directly.

Supreme Court Judgment No. 2766/2559 (2016): The plaintiff registered the word "SuperShield" for building paint. The defendant placed this word prominently on cans of waterproofing cement. The Supreme Court held that this was use as a trademark and an infringement under Trademark Act s.44, even though the goods were in a different class, because they were related construction products.

What to do before opening your shop

• Search your name and logo in the trademark database before ordering signs or packaging.
• Choose a distinctive name that does not directly describe the product.
• File the registration application as soon as possible, for both the shop name and the logo.
• List goods or services that cover your future business plans.
• Keep evidence of brand use, such as receipts, photos of the shop, and advertising posts, with dates.
• Monitor published applications by others so you can file an opposition within 60 days.
• Note the expiry date and renew before the 10 years are up.

If you would like a name search, an assessment of your chances of registration, or help filing an opposition or cancellation, NAT & Associates Law Office is happy to advise you.

References

• Trademark Act B.E. 2534 (1991), as amended by the Trademark Act (No. 2) B.E. 2543 (2000) and (No. 3) B.E. 2559 (2016), sections 6, 7, 8, 13, 35, 42, 44, 46, 53, 54, 61, 63, 67, 108 to 110
• Supreme Court Judgments No. 343/2503 (1960), 677/2532 (1989) and 2766/2559 (2016)
• Department of Intellectual Property, Renewal of Trademark Registration, ipthailand.go.th