“Fruits” (ดอกผล) under section 1474
Quick take: Under section 1474 civil and commercial code, marital property (สินสมรส) includes “the fruits of personal property” (ดอกผลของสินส่วนตัว) earned during marriage. In practice, that means income/returns produced by a spouse’s personal asset (e.g., rent, interest, dividends). It does not include the asset’s mere price increase.
Legal anchor
Thai government explanations and judiciary materials state that section 1474 includes property gained during marriage and the fruits of personal property (ดอกผลของสินส่วนตัว). Judiciary training notes also distinguish civil fruits (ดอกผลนิตินัย: rent, interest, dividends) from the asset itself. [DOPA overview quoting section 1474; judiciary legal/training notes.]
Meaning of “fruits” (ดอกผล)
Official judiciary materials explain two categories of fruits under the Civil and Commercial Code: (1) natural fruits (ดอกผลธรรมดา) and (2) civil fruits (ดอกผลนิตินัย). For section 1474 in marital-property practice, civil fruits are most relevant: periodic returns paid for the use of capital or property (rent, interest, coupons/dividends). [Judiciary legal affairs / library notes.]
What typically are fruits under section 1474?
- Rent from a personally owned asset (e.g., condo/house owned before marriage), treated as civil fruits. Thai judiciary materials and Supreme Court digests consistently characterize rent as ดอกผลนิตินัย. [Judiciary library; see also Supreme Court digests noting rent as civil fruits.]
- Interest on deposits/loans derived from a spouse’s personal capital, civil fruits. [Judiciary training/library notes.]
- Dividends / coupons on shares/bonds personally owned, civil fruits (returns paid for use of capital). [Judiciary training/library notes.]
What generally are not fruits?
- Capital appreciation (the asset’s market price rising by itself). That is a change in the asset’s value, not a fruit “paid” for using the asset. [Judiciary teaching/library notes on “ดอกผลธรรมดา/นิตินัย”.]
- One-off windfalls unrelated to the productive use of the asset (certain damages/compensation). [Judiciary materials distinguishing fruits from other gains.]
What about pensions?
Classification: No official Supreme Court ruling was located in public judiciary databases that squarely classifies pensions as “fruits.” In practice, pensions received during marriage are treated as property acquired during marriage under section 1474(1), rather than “fruits of personal property” under section 1474(3). [DOPA/COJ explanations of section 1474; judiciary notes on civil fruits.]
Supreme Court signals about civil fruits
- Rent as civil fruit (enforcement context): Department of Legal/Judicial materials and official government digests show rent (ค่าเช่า) treated as a ดอกผลนิตินัย; when an immovable is seized, enforcement can extend to its civil fruits (e.g., rent) under the Civil Procedure Code. [Judiciary library article on seizing civil fruits; Royal Gazette/1359.gov.th guidance on enforcement covering “ดอกผลนิตินัย”.]
- Tax authority digest recognizing rent as civil fruits: Revenue Department’s official note on a Supreme Court case treats rental income from estate property as ดอกผลนิตินัย (to be apportioned/assessed appropriately). [rd.go.th Supreme Court digest.]
Note: For precise holdings and case numbers, Supreme Court headnotes are often summarized across government portals (e.g., COJ library and RD case digests). Where judgments aren’t hosted publicly by the Court, these official digests are used for reference.
“Fruits” under Civil and Commercial Code section 1474; quick comparison
| Category | Examples | Reasoning (short) |
|---|---|---|
| ARE “fruits” (ดอกผลนิตินัย) |
• Rent from personally owned real estate • Interest on bank deposits/loans made with personal capital • Dividends or bond coupons from personally owned securities |
Returns paid for the use of property/capital during marriage (civil fruits), which section 1474 treats as marital property. |
| NOT “fruits” (generally) |
• Capital appreciation of the asset itself (price rising) • One-off windfalls/damages not arising from use of the asset • Sale proceeds that merely replace the asset’s value |
Not a periodic yield from using the asset; it’s a change of value or substitution of the asset, not “fruits.” |
| Typically treated under section 1474(1), not “fruits” | • Pensions/earnings received during marriage (context-dependent scheme rules may apply) | Considered property acquired during marriage rather than “fruits of personal property.” |