Section Code: 0193/9 - 0193/29
Thai Civil and Commercial Code
Section 193/9. Prescription - Statute of Limitations
A claim is barred by prescription if it has not been enforced within the period of time fixed by law.
Section 193/10. After Prescription Period Lapses, Debtor does not have to pay
After the lapse of the period of prescription for claims, the debtor is entitled to refuse performance.
Section 193/11. Prescription Periods Fixed
The periods for prescription fixed by law cannot be extended or reduced.
Section 193/12. Beginning of Prescription
Prescription begins and run from the moment when the claim can be enforced. If the claim is to a forbearance, prescription begins to run from the moment when the right is first infringed.
Section 193/13. Debt Prescription Begins when Notice Given
If the creditor may not demand performance until he has given notice to the debtor, prescription begins to run from the moment when notice can be first given. If the debtor is not bound to perform until a given period has elapsed since the notice, prescription begins to run from the expiration of this period.
Section 193/14. Interruption of Prescription
Prescription is interrupted if:
- The debtor has acknowledged the claim towards the creditor by written acknowledgement, by part payment, payment of interest, giving security, or by any unequivocal act which implies the acknowledgment of the claim.
- The creditor enters an action for the establishment of the claim or for requiring performance.
- The creditor applies for receiving a debt to arbitration.
- The creditor submits the dispute to arbitration.
- The creditor does any act which brings an effect equivalent to entering an action.
Section 193/15. When Prescription is Interrupted, New Prescription Starts
When prescription is interrupted, the period of time which has elapsed before interruption does not count for prescription.
A fresh period of prescription begins to run from the time when the interruption ceases.
Section 193/16. Acknowledgment of a Debt renews the Prescription Period
The creditor of an obligation for the payment of money periodically is entitled to require from the debtor, at any time before the completion of the period of prescription, a written acknowledgment of the obligation in order to obtain evidence of the interruption of prescription.
Section 193/17. Court Actions and Prescriptions
In the case where prescription is interrupted due to the case under Section 193/ 14 (2), if the Court has passed a final judgment to dismiss the action, or the action has terminated and has been disposed of on the ground of being withdrawn or abandoned, the prescription shall be deemed to have never been interrupted.
In the case where the Court refuses to accept, return or dismisses the action on the ground of want of jurisdiction, or the action is dismissed with the right to re-enter the action in Court and the period of prescription expired pending proceedings, or would have expired within sixty days from the date of final judgment or order, the creditor shall be entitled to enter an action in Court for establishing his claim or for requiring performance of the obligation within sixty days from the date of final judgment or order.
Section 193/18. Court Rulings Changes
The provisions of Section 193/17 shall apply, mutatis mutandis, to interruption of prescription due to the case under Section 193/14 (3), (4) and (5).
Section 193/19. Force Majeure Extensions
If at any time when the prescription would end, the creditor is prevented by force majeure from effecting a interruption, the prescription is not completed until thirty days after the time when such force majeure has ceased to exist.
Section 193/20. Minors and Persons of Unsound Mind
If prescription of claim of a minor, or a person of unsound mind whether adjudged incompetent or not, would have expired while the said person does not acquire full capacity, or within one year from the day when the said person is without a legal representative or a guardian, if is not completed until the expiration of one year after he has acquired full capacity or has a legal representative or guardian, as the case may be. If the period of prescription of the claim is shorter than one year, the shorter period of time shall apply in place of the said period of one year.
Section 193/21. Prescription of Minors or Incapacitated Person against Legal Representative, guardian, or Curator
If prescription of claim of a minor, an incompetent or a quasi-incompetent against his legal representative, guardian or curator would have expired while the said person does not acquire full capacity, or within one year from the day when the said person is without legal representative, guardian or curator, if is not completed until the expiration of one year after he has acquired full capacity or has a legal representative, guardian or curator, as the case may be. If the period of prescription of the claim is shorter than one year, the shorter period of time shall apply in place of the said period of one year.
Section 193/22. Prescription between Spouses
If prescription of claims between spouses would have expired before within one year after dissolution of marriage, it is not completed until the expiration of one year after dissolution of marriage.
Section 193/23. Prescription for Deceased
If prescription of a claim existing in favor of or against a deceased would have expired within one year after the date of the death, the period of prescription is not completed until the expiration of one year after death.
Section 193/24. Waiver of Prescription cannot effect Third Party
The benefit of prescription can be waived only after it has been completed, but such waiver does not prejudice the right of third persons, or the surety.
Section 193/25. Completion of Prescription
When prescription is completed, its effect relates back to the day when it began to run.
Section 193/26. Accessory Acts of a the Principal Claim is also barred by Prescription Lapse
With the principal claim the claims for accessory acts of performance dependent upon it are also barred by prescription, even if the particular prescription applying to the accessory claim is not yet complete.
Section 193/27. Barring of Principal Claim does not prevent someone with a superior claim from exercising their rights
The barring of the principal claim by prescription does not prevent a mortgagee, a pledge, holder of a right of retention or a creditor who has preferential right on property of the debtor detained by him, to enforce his right out of the mortgaged, pledged or detained property. But in exercising the right the creditor cannot obtain more than five years for arrears of interest.
Section 193/28. Performance of the Claim ends the Prescription
If any act of performance is done in satisfaction of a claim barred by prescription, the value of such performance may not be demanded back, even if the performance has been effected in ignorance of the prescription.
The provisions of paragraph one shall apply to a contractual acknowledgment of liability in writing and to the giving of security by the debtor, but it cannot be referred against the former surety.
Section 193/29. Must use the lapse of a prescription in court to use it as a defense
When prescription has not been set up as a defense, the Court cannot dismiss the claim on the ground of prescription.