Section 445.- In case of causing death, or of causing injury to the body or health of another, or in the case of deprivation of liberty, if the injured person was bound by law to perform service in favour of a third person in his household or industry, the person bound to make compensation shall compensate the third person for the loss of such service.

 

Section 446.- In case of injury to the body or health of another, or in the case of deprivation of liberty, the injured person may also claim compensation for the damage which is not a pecuniary loss. The claim is not transferable, and does not pass to the heirs, unless it has been acknowledged by contract, or on action on it has been commenced.

A like claim belongs to a woman against whom an immoral crime is committed.

 

Section 447.- Against a person who has injured the reputation of another, the Court may, on the application of the injured person, order proper measured to be taken for the rehabilitation of the latter’s reputation, instead of, or together with, compensation for damages.

 

Section 447.- bis (amended by Section 4 of the Civil and Commercial code Amendment act, (No. 11), B.E. 2535)

 

Section 448.- The claim for damages arising from a wrongful act is barred by prescription after one year from the day when the wrongful act and person bound to make compensation became known to the injured person, or ten years from the day when the wrongful act was committed.

However if the damages are claimed on account of an act punishable under the criminal law for which a longer prescription is provided such longer prescription shall be applied.

 

CHAPTER III

JUSTIFIABLE ACTS

 

Section 449.- A person who, acting in lawful defence or under a lawful command, has caused injury to any other person is not liable to make compensation.

The injured person can claim compensation from the person against whom the lawful defence was directed, or from the person who wrongfully gave the command, as the case may be.

 

Section 450.- If a person damages or destroys a thing in order to avert an immediate common danger, he is not liable to make compensation, provided the damage done is not out of proportion to the danger.

If a person damages or destroys a thing in order to avert an immediate individual danger, he shall make restitution therefor.

If a person damages or destroys a thing in order to protect the rights of himself or of a third person against immediate danger threatened by the thing itself, such person is not liable to make compensation, provided the damage done is not out of proportion to the danger. If the danger was caused by such person’s fault, he is liable to make compensation.