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ResourcesThai Civil and Commercial CodeBook1Title VI Prescription General Provisions

Title VI Prescription General Provisions

Page: 30

Section: 193/17 - 193/23

Section 193/17.- In case of prescription is interrupted due to the case under Section 193/14 (2), if the Court has passed a final judgement to dismiss the action, or the action has terminated and has been disposed of on the ground of being withdrawn or abandoned, the prescription shall be deemed to have never been interrupted.

In case of the Court refuses to accept, returns or dismisses the action on the ground of want of jurisdiction, or the action is dismissed with the right to re-enter the action in court and the period prescription expired pending proceedings, or would have expired within sixty days as from the date of final judgement or order, the creditor shall be entitled to enter an action in Court for establishing his claim or for requiring performance of the obligation within sixty days as from the date of final judgement or order.

 

Section 193/18.- The provisions of Section 193/17 shall be applied, mutatis mutandis, to the interruption of prescription due to the case under Section 193/14 (3), (4) and (5).

 

Section 193/19.- At the time when the prescription would end, the creditor is prevented by force majored from effecting an interruption under the Section 193/14, the prescription is not completed until thirty days after the time when such force majored has ceased to exist.

 

Section 193/20.- If the prescription of claim of a minor, or a person of unsound mind whether adjudged incompetent or not, would have expired while the said person does not acquire full capacity, or within one year from the day when the said person is without a legal representative or a guardian, it is not completed until the expiration of one year after he has acquired full capacity or has a legal representative or guardian, as the case may be. If the period of prescription of the claim is shorter time than one year, the shorter period of time shall be applied in place of the said period of one year.

 

Section 193/21.- If the prescription of claim of a minor, an incompetent or a quasi-incompetent against his legal representative, guardian or curator would have expired while the said person does not acquire full capacity, or within one year from the day when the said person is without a legal representative, guardian or curator, it is not completed until the expiration of one year after he has acquired full capacity or has a legal representative, guardian or curator, as the case may be. If the period of prescription of the claim is shorter time than one year, the shorter period of time shall be applied in place of the said period of one year.

 

Section 193/22.- If prescription of claims between spouses would have expired before or within one year after dissolution of marriage, it is not completed until the expiration of one year after dissolution of marriage.

 

Section 193/23.- If prescription of a claim existing in favour of or against a deceased would have expired within one year after the date of the death, the period of prescription is not completed until the expiration of one year after death.