“ผิดนัด” กับ “ผิดสัญญา” เหมือนกันหรือต่างกันอย่างไร Default vs Breach of Contract : What are the differences?

Abstract

                   According to the Thai Civil and Commercial Code, “default” means that the debtor has failed to perform an obligation which wastied to aspecific date on the calendar. Where no calendar date was specified, the debtor is in default after warning given by the creditor as provided in Section 204 of the CCC. The words, “breach of contract,”mean that the debtor has failed to perform his obligation as provided in the contract. Both “default” and “breach of contract” involve failure to perform the obligation under the contract. However, not all breaches of contract imply that the debtor is in default. It depends upon whether the date for performance is fixed by the calendar or not. Besides, the effect of default is much harder than breach of contract.