Talk:2468th Sec 0205
Burden of proof on the side of the debtor
This simple provision was adopted from the traditional German § 285, and plays a very important role in the Thai code because it is the only provision which clearly declares the principle of the burden of proof of liability for non-performance. According to it, the debtor bears the burden of proof to show the fact that he is not responsible for the circumstance which caused the non-performance of his obligation. It is closely paired with the forgoing Sec.204, which declares the principle of presumption of the debtor's liability.
The next provison regarding the same subject is Sec.215, which was modeled after the traditional Japanese Art. 415. This Japanese provisions was originally conceived for the same scheme of the principles (see C-2 in the paper "The Thai Civil Law on Non-performance in a Comparative, Structural View", P.11). However, the Thai drafter adobted only its first sentence (see B. Step 1-c in the paper "Reconstruction of Thai Arrangement of the Remedies for non-performance", P.8); he replaced the second sentence with the traditional German provisions regarding "Impossibility of performance" (§§ 275 – 282). Accordingly, the scheme of the two principles mentioned above was completely disappeared from the Thai Sec.215.
The last opportunity for this scheme of the two principles was the provisions regarding "Impossibility of performance". Indeed, the Thai drafter tried to set up the same scheme of the principles with the technique of rearrangement of the provisions (see III.B.5.b in the paper "Thai Law and Recent Reforms in Germany and Japan in Law on Non-performance", P.16). Unfortunately, the rearrangement was incomplete so that the scheme of the principles of presumption of the debtor's liability and of burden of proof could not be clearly perceptible (see III.B.6. in "Thai Law and Recent Reforms in Germany and Japan in Law on Non-performance", P.18 – 20).
Under sich circumstances, Secs.204 and 205 are the only provisions which show the fact that the Thai Code has adopted the French, German "Civil Law" principles regarding the liability of the debtor for non-performance. Codesuser (talk) 14:16, 7 October 2025 (UTC)
