Category: Litigation
Victims of Fraud in Thai Criminal Law
A fundamental issue that arises in Thai criminal law is whether a certain person directly affected by a crime may be considered a victim of that crime. This issue is particularly important because in Thailand, as in other countries that follow the European Continental Law tradition, victims are allowed to join the prosecution as a […]
Defenses to Defamation
Under Thai law, defamation is generally the act of imputing something regarding a person to a third person that is likely to damage the reputation of that person. Unlike in some other jurisdictions where the act of defamation only carries civil liability, defamation is a criminal offense in Thailand punishable by up to one year […]
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, […]
Types of Criminal Punishments in Thailand
If you commit a crime in Thailand, the Thai Criminal Code lists several possible punishments. This article gives a short review on the possible punishments, that are included in the Thai Criminal Code. According to section 18 of the Criminal Code, the possible punishments that may be imposed are: Death Imprisonment Confinement Fine Forfeiture of […]
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. […]
Liability for Damages Arising from Unsafe Products Act of 2008
The Liability for Damages Arising from Unsafe Products Act of 2008 deals with the issue of product liability in Thailand. The purpose of the act is to instil consumer confidence for products by simplifying the legal liability for unsafe products. According to Section 5 of the Act, an entrepreneur is liable for damages to the […]
Employment Agreements in Thailand
In Thailand, the principle of the freedom of contract for employment cases is the basis of employment agreements. Employees and employers can come to an agreement to exchange services for remuneration as long as the activity is not contrary to the public order or morals. There are two types of employment agreements. There is the […]
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 […]
Arbitration, Mediation, and Conciliation in Thailand
Alternative Dispute Resolution is different from Conventional Dispute Resolution. Conventional Dispute Resolution involves litigation and adjudication in court. Litigation is generally a hostile and antagonistic where a decision is made by a judge. Litigation can be intimidating and risky. Generally one party wins and the other party loses. Alternative Dispute Resolution attempts to return some […]
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 […]
