Thai Law Database Online

The right of incompetent person under Thai law            

            Who incompetent person is? How a madman becomes an incompetent person under Thai law?

I believe that in your life, you may see a person who talks with himself or is naked walks on street. Some standing pees on the street without embarrassment. Some shouts to others without cause. Some is very good looking, but cannot understand what he or she is doing.  We call these people “a madman”, but in law term they are called “a person of unsound mind” The question is that why law have to protect this kind of people? Let’s see an example, a madman could buy a very old house with the cost of ten millions Bath, or a madman could give a house to other. All transactions done by the madman could be risk to the madman and other people, such as his/her family. Therefore, law needs to help this kind of person from contacting to other.

            Under Civil and Commercial Code, section 30 “An act done by a person of unsound mind but not adjudged incompetent is voidable only when the act was done at a time when he was actually of unsound mind, and the other party had knowledge of such unsoundness.

            The law protects a madman only when the madman is acting when he was of unsound mind, and the other party knows that he is a madman. On the contrary, if the other party does not know that he is a madman at a time of his act. Any transaction between them is not voidable. Therefore, section 30 cannot help some madman. As I said earlier, some madman is good looking. Therefore, people may do not know he is a madman. However, this problem has been solved by section 28.

            Section 28 “A person of unsound mind may be adjudged incompetent by the Court on the application of any spouse, ascendants, descendants, guardian or curator, a person taking care of the person or of the Public Prosecutor.

The order of the Court under this Section shall be published in the Government Gazette

            Therefore, when any of the persons mentioned in Section 28 have submitted the application to the Court to request that the unsound mind person becomes an incompetent person, the unsound mind person may be adjudicated by the Court.  After the order of the Court has been published in the Government Gazette, any juristic act of an incompetent person to others shall be voidable under Section 29. No matter the other party does not know that he or she now becomes an incompetent person. Thus, the incompetent person needs to have a guardian appointed by the Court to acts on behalf of the incompetent person. The guardian may be an incompetent’s parents, husband, or wife. The guardian can ratify or avoid any act done by the incompetent person. And the incompetent person can do so after the cause of the incompetency ceases to exist.

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.