Civil and Commercial Code does not provide the definition of “Juristic Person”, however it can be implied from its involving provision that Juristic Person is the organization which is constituted by law.[1] And the Juristic Person enjoys the same rights and is subject to the same duties as the natural person except those which, by the reason of their nature, may be enjoyed or incurred by only natural person such as marriage.[2] The will of a juristic person is declared through its representative within the scope of law, its object, regulation and constitutive act.
The civil liabilities of juristic person
Liabilities under juristic act
Any juristic act can be bound the juristic person only if such act complies with its object and its regulation. For example the object of Apple Company does not specify the guarantee but Mr. A as its representative enter into contract with the Lords Bank. This contract deems to be ultra vires and does not bind the Apple Company.[3]
Another example is that the regulation of Apple Company stipulates that any contract is not binding the company except there are two signatures of it two representative and emblem of Company but Mr. A only one of it representative signs the loan contract with the Lord Bank.[4]
Liabilities under juristic cause
There is no object of Juristic Person to commit the wrongful act although the damages derive from the business within the scope of object. The Juristic Person must be liable for those damages.[5]
[1] Civil and Commercial Code Section 65 provide that “A juristic person can come into existence only by virtue of this Code or of other law”
[2] Prasit Kovilaikol, Juristic Person and its Criminal liability(February 2000,Nititham publisher)88
[3] See Thai Supreme Court Judgement no.3388/2531
[4] See Thai Supreme Court Judgement no.1658/2513
[5] Prasit Kovilaikol, Juristic Person and its Criminal liability(February 2000,Nititham publisher)146
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