The summary of “Law of Persons” under the Thai Civil and Commercial Code (CCC)
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1. Natural Person
A natural person refers to a human being who is recognized by law as having rights and duties.
- Commencement of Personality: Legal personality begins upon “full birth as a living child” (CCC Section 15). This requires the infant to be completely delivered from the mother’s womb and show signs of life. The law also recognizes the rights of a child in the womb, provided that the child is later born alive.
- Attributes of Personality: These are the legal identifiers of a person, consisting of Name, Nationality, Domicile (legal residence), and Status (such as marriage or kinship).
- Termination of Personality: Personality ends upon “death,” which occurs in two ways:
- Natural Death: Physical death (cessation of vital organs/brain function).
- Disappearance (Presumed Death): A legal state where the Court adjudges a person as disappeared. This applies if a person leaves their domicile and there is no news of them for 5 years (or 2 years in special cases like war, shipwrecks, or air disasters).
2. Juristic Person
A juristic person is an entity created or recognized by law to have a legal personality distinct from its members.
- Classification:
- Under the CCC: Includes Limited Companies, Limited Partnerships, Registered Ordinary Partnerships, Associations, and Foundations.
- Under Other Laws: Includes Government Ministries, Departments, Provinces, Temples, and Public Organizations.
- Scope of Rights: A juristic person enjoys the same rights and duties as a natural person, except those which, by their nature, can only be exercised by a natural person (e.g., marriage, voting, or serving in the military). It operates through its authorized representative (director/manager).
3. Legal Capacity
Thai law categorizes the “Capacity to Exercise Rights” to protect certain individuals who may be at a disadvantage when performing legal acts:
| Category | Definition | Legal Protection |
| Minor | Persons under 20 years old (unless married at 17+ with consent). | Acts generally require consent from a Legal Representative (Parents). |
| Incompetent Person | A person of unsound mind whom the Court has adjudged as incompetent. | Must be represented by a Custodian; their own acts are generally voidable. |
| Quasi-Incompetent Person | Persons with infirmities, habitual prodigality, or substance abuse who cannot manage their own affairs. | Must obtain consent from a Curator for specific major transactions (e.g., borrowing money, selling land). |
