SETTING UP DEBTOR'S DEFENCES AGAINST THE ASSIGNEE IN ASSIGNMENT OF CLAIM CONTRACT

Abstract

             The assignment of claim in Thailand Civil and Commercial Code, the debtor can raise defences against the assignee if they existed at the time of the assignment following article 308. This article found that the decision of Supreme Court of Thailand has a verdict in the 9206/2538 that the meaning of “defences” in article 308 is “Only defences were justified at the time of an assignment”, but the debtor always set up a defences which exist after the assignment. In contrast with some opinion of lawyers, they informed that the debtor can raised defences against the assignee at the time of an assignment become enforceable against him. If the defences have arisen after the assignment, it cannot be raised against the assignee because the relationship between assignor and assignee absent.

            The study of law in France, Germany and United Kingdom revealed that the debtor’s defences in the assignment of claim contract were classified into 2 type including the substantive defences (Ab Initio) and personal defences. Conversely, Thailand Civil and Commercial not Legislated clearly in the law, Therefore, this approve can be adopted in Thailand Civil and Commercial Code.