Translation:Act Promulgating the Revised Provisions of Book 1 of the Civil and Commercial Code, 2535 BE
Act
Promulgating the Revised Provisions of
Book 1 of the Civil and Commercial Code,
2535 BE
Bhumibol Adulyadej R
Given on the 31st day of March 2535 BE
Being the 47th year of the present reign
Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:
Whereas it is appropriate to improve the provisions of Book 1 of the Civil and Commercial Code and the provisions of Title 23 Associations, of Book 3 of the Civil and Commercial Code;
Therefore, by and with the advice and consent of the National Legislative Assembly serving as the National Assembly, He orders with His gracious pleasure that the following Act be enacted:
Section1.This Act is called the "Act Promulgating the Revised Provisions of Book 1 of the Civil and Commercial Code, 2535 BE".
Section2.This Act shall come into force upon elapse of sixty days from the day following the day of its publication in the Royal Gazette onwards.
Section3.Book 1 and Book 3 of the Civil and Commercial Code shall be amended as follow:
(1)the provisions of Book 1 of the Civil and Commercial Code, which were promulgated by the Royal Decree Promulgating the Revised Provisions of Book 1 and Book 2 of the Civil and Commercial Code, 2468 BE, shall be repealed;
(2)Title 23 Associations, of Book 3 of the Civil and Commercial Code, which was promulgated by the Royal Decree Promulgating the Revised Provisions of Book 3 of the Civil and Commercial Code, 2471 BE, shall be repealed;
(3)the provisions at the end of this Act shall apply as the revised Book 1 of the Civil and Commercial Code.
Section4.The documents to which, instead of signatures according to section 9, paragraph 2, of the Civil and Commercial Code before its amendment by this Act, seals have been affixed since before the day of coming into force of this Act, shall continue to be valid as if having been affixed with signatures.
Section5.The revised provisions of Book 1 the Civil and Commercial Code at the end of this Act do not affect the validity of the loans granted by quasi-incompetent persons before the day of coming into force of this Act.
Section6.The managers of absentees' property who have been appointed by courts since before the day of coming into force of this Act shall, if the inventories of the absentees' property have not yet been made or finished, finish making them within three months from the day of coming into force of this Act, and the revised section 52 and section 53 of the Civil and Commercial Code at the end of this Act shall apply.
Section7.The organisations or agencies which the law prescribes to be public bodies according to the definition under section 72 of the Civil and Commercial Code repealed by section 3(1) of this Act shall continue to be juristic persons.
Section8.All the associations which have been registered according to the Civil and Commercial Code since before the day of coming into force of this Act shall become the associations under the revised provisions of the Civil and Commercial Code at the end of this Act.
Any association which has been registered according to the Civil and Commercial Code since before the day of coming into force of this Act and does not use the term samakhom[1] in conjunction with its name shall, within two years from the day of coming into force of this Act, apply for modification of its articles of incorporation so that they become correct in accordance with the revised section 80 of the Civil and Commercial Code at the end of this Act.
Section9.Any of the associations under section 8, paragraph 1, which is operated without a board of directors as the operator of the association according to the revised section 79(6) of the Civil and Commercial Code at the end of this Act shall, if it fails to apply for modification of its articles of incorporation and organise a board of directors as its operator within two years from the day of coming into force of this Act, have its name struck off the register by the registrar.
Section10.Any of the associations under section 8, paragraph 1, which has less than ten members shall, if it fails to procure a number of members according to the revised section 81 of the Civil and Commercial Code at the end of this Act within two years from the day of coming into force of this Act, have its name struck off the register by the registrar according to the revised section 102(5) of the Civil and Commercial Code at the end of this Act.
Section11.All the foundations which have been registered according to the Civil and Commercial Code since before the day of coming into force of this Act shall become the foundations under the revised provisions of the Civil and Commercial Code at the end of this Act, and their constituent instruments shall be deemed to be the constituent instruments of the foundations under the revised provisions of the Civil and Commercial Code at the end of this Act.
Any foundation which has been registered according to the Civil and Commercial Code since before the day of coming into force of this Act and does not use the term munnithi[2] in conjunction with its name shall apply for modification of its articles of incorporation so that they become correct in accordance with the revised section 113 of the Civil and Commercial Code at the end of this Code within two years from the day of coming into force of this Act.
Section12.All the foundations which have been registered according to the Civil and Commercial Code since before the day of coming into force of this Act and are not juristic persons must, if desiring to continue using the term munnithi[2] in conjunction with their names, apply for registration according to the revised section 114 of the Civil and Commercial Code at the end of this Code within one hundred and eighty days from the day of coming into force of this Act.
Section13.As regards any of the foundations under section 11, paragraph 1, whose articles of incorporation on the day of coming to force of this Act require less than three managers, if it fails to apply for modification of the articles of incorporation in order to have a board of not less than three directors serving as its operator within one hundred and eighty days from the day of coming into force of this Act, the registrar shall implement the revised section 128 of the Civil and Commercial Code at the end of this Act so as to order it to modify its articles of incorporation correctly according to the law. If it appears that any of the foundations is unable to continue operating, the registrar shall request a court to order its dissolution according to the revised section 131 of the Civil and Commercial Code at the end of this Act.
Section14.As regards all the periods of time prescribed in Book 1 of the Civil and Commercial Code and in Title 23 Associations, of Book 3 of the Civil and Commercial Code, which were in force before the day of coming into force of this Act, if they have not yet ended on the day of coming into force of this Act and they differ from the periods of time designated by the revised provisions of the Civil and Commercial Code at the end of this Act, the longer periods of time shall apply.
Section15.The figures of the sections existing in the Civil and Commercial Code shall be modified to be the figures of the revised sections of the Civil and Commercial Code at the end of this Act in the following manners:
(1)in section 1666, "section 9, paragraph 2 and paragraph 3" shall be modified to be "section 9, paragraph 2";
(2)in section 1464 and section 1519, "section 29" shall be modified to be "section 28";
(3)in section 1610 and section 1611, "section 34" shall be modified to be "section 32";
(4)in section 1577, "section 60, section 61, section 63" shall be modified to be "section 56, section 57, section 60";
(5)in section 1602, "section 65" shall be modified to be "section 62";
(6)in section 1602, "section 66" shall be modified to be "section 63";
(7)in section 1676, "section 81" shall be modified to be "section 110";
(8)in section 1677, "section 85" shall be modified to be "section 114";
(9)in section 360, "section 130, paragraph 2" shall be modified to be "section 169, paragraph 2";
(10)in section 248 and section 1754, "section 189" shall be modified to be "section 193/27".
Section16.The provisions of other laws which refer to provisions of Book 1 or Title 23 of Book 3 of the Civil and Commercial Code shall be deemed to refer to the corresponding provisions of the revised Book 1 of the Civil and Commercial Code at the end of this Act.
Section17.All the ministerial regulations issued in accordance with the stipulations of section 97 and section 1297 of the Civil and Commercial Code in force before the day of coming into force of this Act shall continue to be in force in so far as they are not contrary to or inconsistent with the revised provisions of the Civil and Commercial Code at the end of this Act.
Section16.The Prime Minister and the Minister of Interior shall be in charge of the execution of this Act.
Anand Panyarachun
Prime Minister
Note: The grounds for promulgation of this Act are as follows: Whereas the provisions of Book 1 of the Civil and Commercial Code, which were promulgated by the Royal Decree Promulgating the Revised Provisions of Book 1 and Book 2 of the Civil and Commercial Code, 2468 BE, have been in force for a long period of time and many of them have become out-of-date and unsuitable for and inconsistent with the present social conditions, it is appropriate to improve them for more suitability. It is therefore necessary to enact this Act.
Notes[edit]
Bibliography[edit]
- "Phra Ratcha Banyat Hai Chai Botbanyat Bap Nueng Haeng Pramuankotmai Phaeng Lae Phanit Thi Dai Truatchamra Mai Phoso Song Phan Ha Roi Samsip Ha" [Act Promulgating the Revised Provisions of Book 1 of the Civil and Commercial Code, 2535 BE]. (1992, 8 April). Ratchakitchanubeksa [Royal Gazette], 109(42A), 1–46. (In Thai).
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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| Translation: |
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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