Section Code: 0797 - 0806

Thai Civil and Commercial Code

SPECIFIC CONTRACTS
TITLE XV
AGENCY

Chapter 1: General Provisions

Section 797. Agent or Representative

Agency is a contract whereby a person, called the agent, has authority to act for another person, called the principal, and agrees so to act.

Agency may be express or implied.

Section 798. Written Agency Appointment

If a transaction is by law required to be made in writing, the appointment of an agent for such transaction must also be made in writing.

If the transaction is required to be evidenced by writing, the appointment of an agent for such transaction must also be evidenced by writing.

Section 799. Principal Responsible For Agent

The principal who employs an incapable person as an agent is bound by the act of that agent.

Section 800. Special Authority

The agent who has a special authority may do on behalf of his principal whatever is necessary for the due execution of the matters entrusted to him.

Section 801. General Authority

The agent who has a general authority may do all acts of management on behalf of his principal.

He cannot do such acts as:

  1. Selling or mortgaging immovable property.
  2. Letting immovable property for more than three years.
  3. Making a gift.
  4. Making a compromise.
  5. Entering an action in Court.
  6. Submitting a dispute to arbitration.

Section 802. Actions Judged Based on Ordinary Prudence

In case of an emergency, the agent is presumed to have an authority to do, in order to protect his principal from loss, all such acts as would be done by a person of ordinary prudence.

Section 803. No Entitlement to Remuneration without Agreement

The agent is not entitled to receive remuneration unless it is provided by the contract, or may be implied from the course of dealing between the parties or by usage.

Section 804. Several Agents must Act Together

If several agents have been appointed in one contract by the same principal for the same matters, it is presumed that they cannot act separately.

Section 805. No Self Dealing

An agent may not without his principal's consent enter into a juristic act in the name of his principal with himself in his own name, or as agent of a third party, unless the juristic act consists exclusively in the performance of an obligation.

Section 806. Principal Rights to Enter Contracts on his own Behalf

An undisclosed principal may declare himself and assume any contract entered into on his behalf. But the principal who allows his agent to act as a principal cannot prejudice the rights of the third person against the agent acquired before notice of agency.

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