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TITLE X
DEPOSITS
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CHAPTER I
GENERAL PROVISIONS
The Deposit Laws Chapter in the Civil and Commercial Code of Thailand is listed here. These cover the storage or deposits when you leave Thailand and wish to return later. There are a number of Sections in Act which covers commercial leases as well as storage of goods. Other parts of the Civil and Commercial Code include getting married in Thailand as well as covering Thai divorce law. Should you wish to know more the speak to our lawyers in Bangkok for more assistance and information.
This translation again should not be seen as legally binding or used as legal advice or guidance. The text on this page has been provided for educational and comprehension purposes only and contains no legal authority. We will assume no responsibility for any liabilities arising from the use and/or reference of this text. Speak to us online or via WhatsApp or application Line for proper legal advice. Finally, speak to our Thailand family lawyer if you do not fully comprehend family law in Thailand compared to your home country. You can also the other Chapters in the Civil and Commercial Code in the country.
The deposit as we know it is a contract where one person is the depositor who delivers property to another person who is the depositary. The depositary agrees to keep it in custody and return it.
With the circumstances, it is expected that the deposit is done for remuneration. This remuneration will be deemed to have been impliedly agreed upon.
Should the deposit is done without remuneration, then the depositary in this case will be obligated to care for and to preserve the property which has been deposited. This is as accustomed to in the management of their affairs.
Now if the deposit is done for remuneration, then the depositary will be obligated to take care and their skill to preserve the property just as a prudent person in such circumstances. This will also include the exercise of special skills where such skill is required.
If the depositary is in a professional trading business or engaged in any professional occupation, the depositary will take such care and skill which must and should be usually exercised in such trading business or occupation.
(You will note that there is a difference between the three levels of safekeeping.)
If, without permission of the depositor, the depositary uses the property deposited or allows third parties to make use of it or retain it, the depositary shall be liable for any loss or damage of the property even caused by force majeure unless it can be proven that the loss or damage would have happened in any case.
Should a third person have asserted rights over the deposited property and also brought an action against the depositary or legally attached the property, the depositary will immediately notify the depositor of this.
Should the return of the property deposited be specified, then the depositary cannot return the property before the due date unless it is an unavoidable necessity.
Where the parties agreed to a specified time for the return of the property deposited, the depositary must return the property whenever the depositor demands it.
Should the parties not have a specified time for return for the property deposited, the depositary may return the property at any time.
The depositary is under an obligation to return the deposited property to the depositor, or to the person on behalf of whom the property is deposited, or to the person to whom the depositary has been duly directed to return it.
However, if the depositor dies, the property will be returned to his or her heirs.
When the property is returned, the depositary is obligated to return together with the property deposited any fruits derived from the property.
The costs of returning the deposited property will be borne by the depositor.
The reasonable expenses will be reimbursed by the depositor to the depositary for maintaining the property deposited. This is unless it is agreed in the contract of the deposit that the depositary will pay such expenses.
There is no time for payment of remuneration for deposit by the contract or customs, the payment will be paid when the property deposited is returned. Should the payment be fixed by periods, then it will be payable at the end of each period.
The depositary is entitled to retain the property deposited until they receive all payments due to them concerning such deposit.
There will be no action for liability for payment of remuneration for the deposit, reimbursement of expenses, or compensation after six months have elapsed from the termination of the contract.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.