Section 8 of the Civil and Commercial Code (CCC) defines force majeure in Thailand as an event that the person facing it could not prevent, even with the care expected of him. Moreover, the CCC then attaches consequences to events of that kind in separate provisions on delay, impossibility and reciprocal contracts. Overall, this guide sets out what sections 8, 205, 218, 219, 370 and 372 say, and which points a contract has to address itself.
Where a contract fixes compensation in advance, see our guide to liquidated damages in Thailand.
Status: in force. The CCC provisions below were compared with the Thai text on 6 October 2026. This article gives general information and is not legal advice.
What is force majeure in Thailand?
Section 8 of the CCC defines force majeure (เหตุสุดวิสัย) as any event whose occurrence or harmful result the affected person could not prevent. The test applies even if he took the appropriate care expected of a person in his position and condition. However, the CCC contains no list of qualifying events. The test therefore turns on what the affected party could have done to prevent the event.
Which provisions relieve a party when performance is prevented?
Four provisions deal with the effect of an event outside a party’s control: section 205 on default, section 219 on impossibility, section 372 on counter-performance and section 370 on the loss of a specific thing. In contrast, section 218 states the opposite case, where the debtor is responsible for the impossibility.
| Section | What it provides |
|---|---|
| 205 | The debtor is not in default while a circumstance for which he is not responsible prevents performance. |
| 218 | The debtor compensates the creditor for damage from non-performance if the debtor is responsible for the impossibility. |
| 219 | The statute releases the debtor if performance becomes impossible through a later circumstance for which he is not responsible. |
| 370 | In a reciprocal contract over a specific thing, loss from a cause not attributable to the debtor falls on the creditor. |
| 372 | Where performance becomes impossible by a cause attributable to neither party, the debtor loses the right to counter-performance. |
Does force majeure in Thailand excuse delay or release the obligation?
First, section 205 protects a debtor from default only for as long as non-performance results from a circumstance for which he is not responsible. However, section 219 goes further: if performance becomes impossible after the obligation arose, the statute releases the debtor from the obligation. The two provisions therefore separate a continuing obstacle from impossibility.
How does force majeure in Thailand affect payment under a reciprocal contract?
Next, section 372 addresses the other side of the bargain. Where performance becomes impossible by a cause attributable to neither party, the debtor loses the right to counter-performance. By comparison, where the creditor is responsible, the debtor keeps that right but must account for what he gains from being released.
In addition, section 370 allocates risk differently for a specific thing. In a reciprocal contract to create or transfer a real right in that thing, loss or damage from a cause not attributable to the debtor falls on the creditor. For example, a buyer of a specific item can bear the loss in the circumstances section 370 describes.
What does the CCC leave to the contract?
First, a contract may contain its own force majeure clause. However, the provisions read for this article do not mention notice periods, termination rights or the refund of advance payments, so a clause that addresses those points has to state them. Finally, the clause wording and the facts of the event then decide how the contract applies.
For example, for clause drafting, see our contract lawyer page. For the end of a distribution arrangement, see our guide to terminating a distributor in Thailand.
Frequently asked questions
Does the Thai Civil and Commercial Code define force majeure?
Is a debtor in default while an event prevents performance?
What happens if performance becomes impossible?
Does the other party still have to pay?
Conclusion
In summary, force majeure in Thailand starts with the section 8 definition and works through sections 205, 218, 219, 370 and 372, which cover default, responsibility, release, risk of loss and counter-performance. However, the CCC text does not list events or set notice and termination mechanics. Moreover, each provision can be checked in the Office of the Council of State law database. Also, related guides cover litigation and dispute resolution and the statute of limitations in Thailand.
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