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ResourcesThai Civil and Commercial CodeBook2Obligations Chapter II Effect of Obligations Non-Performance

Obligations Chapter II Effect of Obligations Non-Performance

Page: 36

Section: 218 - 224

Section 218.- When the performance becomes impossible in consequence of a circumstance for which the debtor is responsible, the debtor shall compensate the creditor for any damage arising from the non-performance.  

In case of partial impossibility the creditor may, by declining the still possible part of the performance, demand compensation for non-performance of the entire obligation, if the still possible part of performance is useless to him.


Section 219.-  The debtor is relieved from his obligation to perform if the performance becomes impossible in consequence of a circumstance, for which he is not responsible, occurring after the creation of the obligation.

If the debtor, after the creation of the obligation, becomes unable to perform, it is equivalent to a circumstance rendering the performance impossible.


Section 220.- A debtor is responsible for the fault of his agent, and of persons whom he employs in performing his obligation, to the same extent as for his own fault. In such case the provisions of Section 373 have no application.


Section 221.- A money debt bearing interest ceases to bear interest during the default of the creditor.


Section 222.- The claim of damages is for compensation for all such damage as usually arises from non-performance.

The creditor may demand compensation even for such damage as has arisen from special circumstance, if the party concerned foresaw or ought to have foreseen such circumstances.


Section 223.- If any fault of the injured party has contributed in causing the injury, the obligation to compensate the injured party and the extent of the compensation to be made depends upon the circumstances, especially upon how far the injury has been caused chiefly by the one or the other party.

This applies also even if the fault of the injured party consisted only in an omission to call the attention of the debtor to the danger of an unusually serious injury which the debtor neither knew nor ought to have known, or in an omission to avert or mitigate the injury. The provisions of Section 220 are applied mutatis mutandis.


Section 224.- A money debt bears interest during default at seven and half per cent per annum. If the creditor can demand higher interest on any other legitimate ground, this shall continue to be paid.

Interest for default shall not be paid upon interest.

Proof of further damage is admissible.