This study traces the evolution of debt enforcement in Thai legal history and argues that cultural norms, moral expectations, and hierarchical social structures have long influenced the characteristics of legal enforcement in Thailand today. The central hypothesis is that traditional Thai conceptions of debt as both a legal and moral obligation persist into the present, where loan debtors may still face criminal sanctions through fraud accusations, turning civil obligations into criminal matters. The research scope is limited to debt arising from loan contracts to highlight the moral foundations of credit relations.

Using historical analysis, the study draws on pre-modern sources such as the Three Seals Code and the Mangraisat Law, situated within the Nakhonban legal order prior to the Civil and Commercial Code and Civil Procedure Code reforms (1923–1935). The analytical framework is based on the “morality of debt,” which views indebtedness not only as a contractual relationship but also as a moral duty, requiring debtors to remain loyal to creditors within the patron–client hierarchy.

The findings show that creditors historically exercised power over both debtors’ assets and bodies, imposing punishments such as flogging, humiliation, and even self-sale into slavery. Although modern law rests on principles of contractual freedom and equality, continuities remain in contemporary judicial practice, where civil default can still be criminalized. By comparing pre-modern rules with modern case law, the study demonstrates how cultural values and historical legacies continue to influence the enforcement of debt in Thailand today.

Authors:
Passakorn Yeenang, Chiang Mai University, Thailand

About the Presenter(s)
Passakorn Yeenang, lecturer and Ph.D. candidate at Chiang Mai University, studies law, human rights, and social justice. His current project explores legal frameworks on state violence and labor rights.

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