The summary of “Law of Persons” under the Thai Civil and Commercial Code (CCC)

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:
    1. Natural Death: Physical death (cessation of vital organs/brain function).
    2. 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:

CategoryDefinitionLegal Protection
MinorPersons under 20 years old (unless married at 17+ with consent).Acts generally require consent from a Legal Representative (Parents).
Incompetent PersonA 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 PersonPersons 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).
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