Civil and Commercial Code/Current Version/Book 1/Title 1

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Civil and Commercial Code
This is an official translation of the legislation of Thailand provided by the Council of State of Thailand, taken from: Kamol Sandhikshetrin. (2008). "The Civil and Commercial Code Books I-VI and Glossary". (Seventh Edition). Bangkok : Nitibannakan. ISBN 9789744473493.
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Civil and Commercial Code
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Book 1
General Principles
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Title 1
General Provisions
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Contents[edit]






Sections


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


Where no provision is applicable, the case shall be decided in accordance with the local custom. If the said local custom is inapparent, the case shall be decided by analogy to the provision most nearly applicable, and, in default of such provision, by the general legal principle.


(Contents)


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


(Contents)


Presumption of good faith
6. Every person is presumed to be acting in good faith


(Contents)


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


(Contents)


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


(Contents)


Signature and substitutes
9. Whenever a writing is required by law, it is not necessary that it be written by the person from whom it is required, but it must bear his signature.


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


The provisions of paragraph two shall not apply to a finger print, cross, seal or other such mark affixed to a document before the competent authorities.


(Contents)


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


(Contents)


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


(Contents)


Interpretation of inconsistent numbers
12. Whenever a sum or quantity is expressed in letters and in figures, and the two expressions do not agree, and the real intention cannot be ascertained, the expressin in letters shall be held good.


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Interpretation of inconsistent numbers
13. Whenever a sum or quantity is expressed several times in letters or several times in figures, and the several expressions do not agree, and the real intention cannot be ascertained, the lowest expression shall be held good.


(Contents)


Interpretation of inconsistent documents
14. Whenever a document is executed in two versions, one in Thai language , the other in another language, and there are discrepancies between the two versions, and it cannot be ascertained which version was intended to govern, the document executed in Thai language shall govern.


(Contents)




This work is in the public domain worldwide according to Section 7, Part 1, Chapter 1 of the Copyright Act, BE 2537 (1994) (Translation), for it is a part or whole of these followings:
  1. News of the day and facts having the character of mere information which is not a work in literary, scientific or artistic domain
  2. Constitution and legislations
  3. Regulations, by-laws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units
  4. Judicial decisions, orders, decisions and official reports
  5. Translation and collection of those in (1) to (4) made by the Ministries, Departments or any other government or local units