Section Code: 0657 - 0671

Thai Civil and Commercial Code


Chapter 1: General Provisions

Section 657 Deposit

A deposit is a contract whereby a person, called the depositor, delivers a property to another person, called the depositary, and the depositary agrees to keep it in his custody and return it.

Section 658 Remuneration Implied

Remuneration for the deposit is deemed to have been impliedly agreed upon. If under the circumstances the undertaking of the deposit is to be expected only for the remuneration.

Section 659 Proper Care of Deposited Property

If the deposit is undertaken gratuitously, the depositary is bound to exercise as much care of the property deposited as he is accustomed to exercising in his own affairs.

If the deposit is undertaken with remuneration the depositary is bound to exercise such care and skill as a person of ordinary prudence would exercise in the circumstances. This includes the exercise of special skill where such skill is required.

If the depositary professes a particular trade, business or calling, he is bound to exercise the degree of care and skill usual and requisite in such trade, business or calling.

Section 660 Use of Property without permission

If without the permission of the depositor the depositary uses the property deposited or lets a third person have the use or custody of it, he is liable for any loss or damage to the property, even caused by force majeure, unless he proves that the loss or damage would have happened in any case.

Section 661 Third Party Claims over Property

If a third person claims rights over the property deposited and enters an action against the depositary, or attaches the property, the depositary must forthwith give notice thereof to the depositor.

Section 662 Fix Deposit

If a time for return of the property deposited has been fixed, the depositary has no right to return the property before such time, except in case of unavoidable necessity.

Section 663 Depositor Right to Demand

Although the parties have fixed a time for the return of the property deposited, the depositary must return it at any time on demand made by the depositor.

Section 664 No Fixed Time for Return of Property

If the parties have fixed no time for the return of the property deposited, the depositary can return it at any time.

Section 665 Right to Return of Property

The depositary is bound to return the property deposited to the depositor, or to the person in whose name it was deposited, or to the person to whom he has been duly directed to return it.

Provided that if the depositor dies the property deposited shall be returned to his heir. Section 666 The depositary is bound to deliver with the property any fruits which may have accrued from it.

Section 667 Cost of Returning Property

Costs of returning the property deposited shall be borne by the depositor. Section 668 The depositor is bound to reimburse the depositary for any expenses which were necessary for the preservation or maintenance of the property deposited, unless such expenses were incumbent upon the depositary under the contract of deposit.

Section 669 Terms of Remuneration through Custom or Contract

If no time for payment of remuneration is fixed by the contract or by custom, the remuneration is payable when the property deposited is returned. If fixed by periods the remuneration is payable at the end of each period.

Section 670 Entitled to Retain Property until Payment

The depositary is entitled to retain the property deposited until he has been paid all that is due to him on account of the deposit.

Section 671 Statute of Limitations

No action for remuneration, reimbursement of expenses or compensation in connection with a deposit can be entered later than six months after the extinction of the contract.