Section Code: 0521 - 0536
Thai Civil and Commercial Code
Section 521. Gift
A gift is a contract whereby a person. Called the donor, transfers gratuitously a property of his own to another person, called the donee, and the donee accepts such property.
Section 522. Gift by Release of Obligation or Performance
A gift may be made by granting to the donee the release of an obligation or by performing an obligation due from the donee.
Section 523. Validity
A gift is valid only on delivery of the property given.
Section 524. Rights in Written Format
If a right represented by a written instrument is given, the gift is not valid unless such instrument is delivered to the donee and the gift is notified in writing to the debtor of the right.
Section 525. Gift of Property must be Registered
The gift of a property the sale of which must be made in writing and registered by such competent official is valid only when so made and registered by the competent official. In such case it is valid without delivery.
Section 526. Limit of Claim
If a gift or a promise for a gift has been made in writing and registered by the competent official and the donor does not deliver to the donee the property given, the donee is entitled to claim the delivery of it or its value, but he is not entitled to any additional compensation.
Section 527. Periodical Performance Extinguished upon Death
If a donor binds himself to make periodical performance the obligation is extinguished on the death either of the donor or the donee unless a contrary intention appears from the obligation.
Section 528. Demand for Return of Gift for Non-Performance
If the gift is encumbered with a charge and the donee fails to perform the charge, the donor may, under the conditions specified for the right of rescission in the case of reciprocal contracts, demand the return of the gift under the provisions relating to the return of undue enrichment in so far as the gift ought to have been applied to the performance of the change.
This claim is barred if a third party is entitled to require the performance of the charge.
Section 529. Insufficient Property Value
If the property given is not sufficient to satisfy the charge, the donee has to perform only to the extent of the value of the property.
Section 530. Liability for Encumbrances
If the gift encumbered with a charge, the donor is liable for defect or eviction in the same manner as the seller but only to the extent of the charge.
Section 531. Revocation of Gift for Ingratitude
The donor can claim revocation of a gift for an act of ingratitude only in the following cases.
- If the donee committed a serious criminal offence punishable under the Penal Code against the donor, or
- If the donee seriously defamed or insulted the donor, or
- If the donee refused the donor who is in need of the necessaries of life while he was able to supply them.
Section. 532. Heir Revocation if Donee Killed Donor
The heir of the donor can claim revocation only if the donee has intentionally and unlawfully killed the donor or prevented him from revoking the gift.
However, the heir may continue an action which has been duly entered by the donor.
Section 533. Statute of Limitation for Revocation
A gift cannot be revoked if the donor has forgiven the donee, or if six months have elapsed since the time when the act of ingratitude came to knowledge of the person entitled to claim revocation.
No action can be claimed later than ten years after such act.
Section 534. Revocation = Undue enrichment
If the gift is revoked, the property shall be returned under the provisions of this Code concerning Undue Enrichment.
Section 535. Irrevocable Gifts
The following gifts are not revocable for ingratitude:
- Gifts purely remuneration
- Gifts encumbered with a charge
- Gifts made in compliance with a moral duty
- Gifts made in consideration of marriage
Section 536. Inheritance and Wills
A gift to take effect at the death of the donor is governed by the provisions of Law concerning Inheritance and Wills.