Voidable

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Glossaries

Term Definition
Voidable
A voidable act is not void ab initio. It is valid and binding unless avoided by a person entitled by law, such as in cases of mistake, fraud, duress, or lack of capacity (e.g. Civil and Commercial Code sections 1469, 155–160, 151).

Voidable acts (Thai Civil and Commercial Code)

A voidable juristic act is an act that is legally effective when made, but which may later be avoided (rescinded / set aside)by a person who has a legal right to do so under the Civil and Commercial Code (CCC section 151). Until it is avoided, the act remains valid and enforceable and may be relied on in practice.

Where a voidable act is avoided, the Code (CCC section 172 and following) governs the consequences. In general terms, avoidance causes the act to be treated as ineffective as between the parties, and the law addresses the resulting unwinding, including return of property/benefits and related adjustments, subject to statutory safeguards, including limits based on confirmation/ratification and prescribed time limits for exercising the right to avoid.

Relevance to wills, marriage, and prenuptial agreements

This distinction matters in family and succession planning because disputes often turn on whether an act is automatically invalid (void) or valid unless successfully challenged (voidable). Examples where “voidable” analysis commonly arises include:

  • Wills and succession: challenges alleging lack of capacity or defects in consent (e.g., fraud/duress/undue influence) may involve a claim to set aside the will (or particular dispositions) rather than treating it as void from inception.
  • Marriage and family arrangements: certain defects may give an entitled person a right to avoid the act, and if not exercised in time (or if the act is later confirmed), the legal act may remain effective.
  • Prenuptial agreements: where validity is questioned due to consent/capacity issues, the remedy may be avoidance and the CCC’s section 172+ consequences (including restitutionary effects) become relevant.