Thailand Law Library

by Thailand Lawyer

Division 3: Obligations

The question as to what law is applicable in regard to the essential elements or effects of a contract is determined by the intention of the parties to it. If such intention, express or implied, cannot be ascertained, the law applicable is the law common to the parties when they are of the same nationality, or, if they are not of the same nationality, the law of the place where the contract has been made.

When the contract is made between persons at a distance, the place where the contract is deemed to have been made is the place where notice of acceptance reaches the offeror. If such place cannot be ascertained the law of the place where the contract is to be performed shall govern.

A contract shall not be void when made in accordance with the form prescribed by the law which governs the effects of such contract.

An obligation arising out of management of affairs without mandate or of undue enrichment is governed by the law of the place where the facts from which such obligation has arisen have taken place.

An obligation arising out of a wrongful act is governed by the law of the place where the facts constituting such wrongful act have taken place.

The foregoing provision does not apply to facts which, having taken place in a foreign country, are not wrongful according to the Thai law.

In no case can the injured party claim compensation or remedies other than those allowed by the Thai law.

Division 4: Things

Movable and immovable property is governed by the law of the place where the property is situated.

However, in case of exportation of movable property, the law of nationality of its owner shall govern from the time of exportation.

Movable property, the situation of which is changed pending an action affecting it, continues to be subject to the law of the place where such property was situated at the institution of action.