Thailand Law Library

by Thailand Lawyer

Period of Prescription

The period of prescription for which no other period is provided by law is ten years.

The period of prescription for claims of the Government for taxes and rates is ten years. As to other claims of the Government relating to obligations, the provisions of this title shall apply.

The period of prescription for a claim established by a final judgment, or by a contract of compromise is ten years, even if the claim itself is subject to any period of prescription.

The period of prescription is five years for the following claims:

1. Arrears of interest
2. Sums payable for the purpose of paying off the principal by installments.
3. Arrears of rent or hire of property except the rent of movables under Section 193/34 (6).
4. Arrears of salaries, annuities, pensions, allowances for maintenance and all other periodical payments.
5. Claims under Section 193/34 (1) (2) and (5), so far as they are not subject to the period of two years.

The period of prescription is two years for the following claims:

1. Arrears of interest
2. Sums payable for the purpose of paying off the principal by installments.
3. Arrears of rent or hire of property except the rent of movables under Section 193/34 (6).
4. Arrears of salaries, annuities, pensions, allowances for maintenance and all other periodical payments.
5. Claims under Section 193/34 (1) (2) and (5), so far as they are not subject to the period of two years.

Section 193/34. 2 Year Prescriptions

The period of prescription is two years for the following claims:

1. Claims of merchants, industrialists, manufactures, artisans and those who practice industrial arts, for delivery of goods, performance of work and care of others' affairs, including disbursements, unless the service was rendered for the business of the debtor.
2. Claims of those who engage to agriculture or forestry, for delivery of agricultural or forest products, so far as the delivery is for the domestic use of the debtor
3. Claims of carriers for passengers or goods, or if messengers, for fare, freight, hire and fees, including disbursements.
4. Claims of innkeepers or hostel keepers and those who make a business of providing food and drink, or those who make a business of rendering entertainment service according to the law on places of entertainment services, for supplying lodging and food or other services rendered to the guests, including disbursements.
5. Claims of those who sell lottery tickets, racket or similar tickets for the sale of the tickets, unless the tickets are delivered for further sale.
6. Claims of those who make a business of letting movables, for the rent.
7. Claims of those who, without belonging to the classes specified in (1), make business of the care of others' affairs or the rendering of service, for the remuneration due to them from the business, including disbursements.
8. Claims of those who are in private service, for the wages, or other remuneration for services, including disbursements; also claims of the employers for advances made upon such claims.
9. Claims of employees, whether they be permanent, temporary or day laborers, and apprentices, for the wages or other remuneration, including disbursements, or claims of the employers for advances made upon such claims.
10. Claims o masters of apprentices, for the premium and other expenses agreed upon in the contract of apprenticeship and disbursements.
11. Claims of owners of educational institutions or nursing home, for instruction fees and other fees, or medical fees other expenses, including disbursements.
12. Claims of those who receive persons to be maintained or educated, for services including disbursements.
13. Claims of those who receive animals to be maintained or trained, for services, including disbursements.
14. Claims of teachers, for their fees.
15. Claims of practitioners in medicine, dentist, nurses, midwives, veterinary surgeons or those who practice in other related fields of medicine, for their services, including disbursements.
16. Claims of lawyers or those engaged in legal profession including expert witnesses for their services, including disbursements, or claims of the parties for advances made upon such claims.
17. Claims of engineers, architects, auditors or those engaged in other independent professions, for services including disbursements, or claims of the employers for advances made upon such claims.

Section 193 /35. Debts – 2 Years from Notice

Subject to Section 193/27, prescription of claims arising from the acknowledgment of liabilities by the debtor in writing or in giving of security under Section 193/28 paragraph two is two year from the date of acknowledgment of liabilities or of giving of security.