Notice on Periods of Time for the Donee Regarding an Act of Ingratitude

Abstract

The revocation of a gift due to “an act of ingratitude” is prescribed under Section 531 of the Civil and Commercial Code. As this law does not restrict the time duration regarding such claim for the revocation of a gift, it is effective at the time that the act of giving is fully done, causing the uncertainty among the donee whose right of gift may be revoked or reclaimed without any time restriction. The law only stipulates the right of a gift donor to exercise such right of revocation within the prescription pursuant to Section 533, describing that the revocation can be exercised when the act of ingratitude comes to the knowledge of the person entitled within six months and no action can be taken later than ten years after such act, which is considered a different time period since the completion of such giving. According to the study on court judgments and explanations related to time periods regarding the right of revocation, these problems are still not brought into consideration or mentioned. It is perhaps a traditional belief in Thai society whereby the donee must always recognize the gratitude of the donor. This paper therefore analyzes the guidelines for determining the time periods to solve such problems in a multi-dimensional way regarding whether or not these problems can be successfully addressed. It also includes suggestions on law amendments regarding the certain time periods for such claim of revocation.