Category: Litigation
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 […]
Intellectual Property Prosecution in Thailand
Piracy and counterfeiting is prevalent in Thailand. In any major city in Thailand, pirated movies, music, and software can easily be located where tourist congregate. Counterfeit bags, clothing, and shoes are found in the many night markets in Thailand. For many western tourist, the purchasing of counterfeit items is part of the Thai experience. They […]
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 […]
Criminal Trespass Under the Thai Criminal Code of B.E. 2499 (1956)
Under the Criminal Code of B.E. 2499 (1956), trespass is defined as a criminal offense in which there are different manners that the offense can be committed. For example, under Section 362, trespass can be committed where a person enters into immovable property belonging to another in order to take possession of the property in […]
Copyright Infringement in Thailand
In Thailand, copyright infringement is a criminal offense under the Copyright Act of B.E. 2537 (1994) that may be punished with a prison term if the offense was committed for commercial purposes. Therefore, as with all criminal offenses in general, it is important to allege, not only that the accused committed the deed, but also […]
