Category: Civil and Commercial Law
Disinheritance from a Will
The Civil and Commercial Code generally provides two categories whereby a testator may disinherit one of his or her statutory heirs from a will. According to Section 1608, the testator “may disinherit any of his statutory heirs only by an express declaration of intention… by will” or “by writing deposited with the competent official.” Furthermore, […]
Domestic Violence Law in Thailand
Domestic violence is not only a crime, but a serious social problem that is inadequately addressed by normal civil and criminal laws. For example, in a case involving child abuse, criminal law would only allow for the imprisonment of the offending parent for assault, without any consideration for the effects to the overall family unit. […]
Proposed Debt Collection Act
Just mid last year, the National Legislative Assembly of Thailand voted to accept, in principle, the terms of the Debt Collection Act. Drawing inspiration from analogous laws in the United States and Australia, this new legislation will act as a consumer protection law protecting consumers from abusive practices on the part of debt collectors. The […]
New Mortgage Foreclosure Law in Thailand
The new amendments made to the Civil and Commercial Code announced on November 13, 2014 has made significant changes to mortgage foreclosure rules. In addition to the changes to Section 728 of the Civil and Commercial Code regarding enforcement of a mortgage debt, the amendments have also made major changes to Section 729 regarding foreclosure […]
New Mortgage Law in Thailand
A major problem with the Civil and Commercial Code was that it did not contain specific clauses that protected the rights of “indirect” debtors, such as guarantors or mortgagors who mortgaged their property to guarantee the debt of another. The new amendments to the Civil and Commercial Code announced on November 13, 2014 are designed […]
Right of Rescission under Thai Law
Under Thai law, in what situations are you allowed to rescind contract? In other words, when are you allowed to terminate a legal agreement without being held to be in breach? The Civil and Commercial Code has certain rules regarding when you are allowed to exercise the right of rescission: First of all, you are […]
Thai Employment Contracts
An employment contract creates a relationship between an employer and his employee. Under the principle of Freedom of Contract, as long as both parties agree to the contract and it is not against the public order or good moral, Thailand will accept the validity of the contract. The contract can be written or verbal. The […]
New Amendments on Suretyship Law in Thailand
On November 13, 2014, important amendments to the Civil and Commercial Code, a foundational law of Thailand, were proclaimed in the Royal Thai Gazette. The amendments are aimed at protecting the rights of “indirect” debtors, such as guarantors and mortgagors. Legislative research revealed that creditors, largely financial institutions, are in a position that is too […]
Thai Copyright Law: Fact or Fiction?
When people think about copyright, most people do not think of Thailand. With illegal DVDs, fake luxury purses, and counterfeit male enhancement pills lining the streets of Bangkok, it is easy to understand why there is a misunderstanding as to copyright law in Thai. But there is a copyright law in Thailand with selective enforcement. […]
Rights and Duties of a Parent and Child in Thailand
The Thai Family Code spells out the rights and duties of a parent and a child in their relationship. Under Thai law, a child born of a marriage or within 310 days of the termination of a marriage is presumed to be the child of the married couple. If the child is born outside of […]
