Law of Persons I

Tr. Khin
Contents

01 Commencement of the Personality

02 Ending of the Personality

03 Revocation of Disappearance

04 The Legal Consequences for Ending the Personality

A Person in Law

■ Possesses certain rights

■ Owes certain duties

■ Two categories of person

1. Natural Persons
2. Juristic Persons
Natural Person

■ Human beings = refer to as natural persons

■ An adult – a full range of rights and duties

■ Distinguishes certain classes –

▪ minor, person of unsound mind, incompetent and quasi incompetent person

■ The contract made by such person – voidable

▪ If a voidable contract is avoided, it is deemed to be void from the beginning
▪ If there is a ratification, a voidable contract is deemed to be valid from the starting
Juristic Persons

■ Legal personality is not restricted to human beings.

■ Various bodies and associations of persons can carry out their functions by forming juristic person

■ Under Thai Civil and Commercial Code

▪ A juristic person comes into existence – by virtue of the law
▪ It has rights and duties in conformity with the provisions of law with its objects
Juristic Persons under the CCC

1. Public bodies
2. Monasteries
3. Registered partnerships
4. Limited companies
5. Associations
6. Authorized foundation

■ In Thailand, such juristic persons are formed either by contract or by laws

▪ A juristic person – same rights and duties as a natural person
The Commencement and Ending of the Personality
Commencement of the Personality
■ The commencement of the personality –

■ Section 15 para 1 of the Civil and Commercial Code (CCC)

■ “Personality begins with the full completion of birth as a living child and ends with death”

■ Personality occurs when a baby is born and still be alive

■ Baby will be considered a person – completely out of the mother’s womb

■ Disability or having a physical or mental defect is not indispensable for personality at all

■ Not obtain the status of person or the personality - unless alive

■ The length of time was ignored to analyze the living child

■ Living for few minutes, he/she still got the personality

Ending of the Personality

■ According to the law, ending personality in two cases

1. Death – come to an end of life
2. Disappearance – the death by law
■ Someone has left his domicile or residence for a certain period of time
■ Not certain he is living or dead

■ Disappearance into two cases

1. Disappearance in normal case
2. Disappearance in special case
Disappearance in Normal Case

■ Section 61 para 1 of the CCC,

■ “If a person has left his domicile or residence and it has been uncertain for five years whether
he is living or dead, the court may, on the application of any interested person or of the Public
Prosecutor, adjudge that such person has disappeared……..”

■ Uncertain for five years – deemed disappeared

Disappearance in Special Case

■ “The period of time under para one shall be reduced to two years
1. From the day when the battle or war comes to an end, the person who had been engaged in
such battle or war has been disappeared or

2. From the day when the vehicle on which the person has been traveling was lost or destroyed

3. From the day when any peril of his life other than those mentioned in (1) or (2) has passed
and the person had been in such peril”
Disappear in Special Circumstances

■ Special circumstances – in a war, in a lost or destroyed vehicle or any other perils

■ The period of time required by law for the application of disappearance
■ Reduced from 5 years to 2 years

■ Persons who have been gone from their domiciles or residences

▪ presumed by law as disappeared
▪ Reached in the period of 5 consecutive years
▪ 5 years as normal case – will be decreased to 2 years
Revocation of Disappearance

■ The interested person or the Public Prosecutor / the disappeared persons

▪ to ask for the revocation of disappearance

■ Prove the situations

1. The person who has disappeared is living or
2. The person who has disappeared has died at a time different from that specified in
Section 62, 5 years or 2 years consecutively up to the case
The Legal Consequences for Ending the Personality

1. The exercise of parental power – a child is subjected to parental power –

1. Family parental power is exercised by the father/the mother who is still alive
Status
2. Marital status – ending the personality with death terminates the
marriage – ending is a cause to claim for divorce

By the death and disappearance, the estate of the deceased and the
2. Inheritance
disappeared person will be inherited by their heirs according to the laws
Thank You!