Don Sornumpol

Author Archive: Don Sornumpol

Don obtained his bachelor degree from the State University of New York at Binghamton and later his Juris Doctor from Pace University School of Law. Upon completion, he was duly admitted to the New York State Bar as an Attorney-at-Law. Don is a regular contributor and author to a number of legal articles regarding property and cross border transactions in several publications including international legal journals and periodicals.

Victims of Fraud in Thai Criminal Law

| November 13, 2015 | Criminal Law, Litigation

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 […]

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Challenging Condominium Resolutions under Thai Law

Do owners of condominium units in Thailand have the right to challenge unlawful resolutions passed by a general meeting of the condominium’s co-owners? The Condominium Act of B.E. 2522 (1979), amended as recently as 1999, has detailed rules regarding general meetings of the co-owners, but in fact does not have any provision addressing the cancellation […]

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Child Custody Under Thai law

| October 9, 2015 | Family Law

Aside from divorce, child custody proceedings under Thai law may arise where it is alleged that a parent or guardian is not fit or should not be allowed to exercise parental power. Specifically, Section 1582 of the Civil and Commercial Code provides that where a parent or guardian is “adjudged incompetent or quasi-incompetent, or abuses […]

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Defenses to Defamation

| September 10, 2015 | Criminal Law, Litigation

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 […]

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Applying for a Land Allocation License

| July 17, 2015 | Land, Property

Property developers in Thailand who are planning to construct a housing community must first request a land allocation license from the Land Department. The property developer must file an application according to the Land Development Act of B.E. 2543 (2000) which requires the following evidence and details: The title deed or other document evidencing rights […]

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Types of Foreign Business Authorization

A common source of confusion for foreign entrepreneurs in Thailand is the difference between a Foreign Business License and a Foreign Business Certificate. Both documents are a form of authorization for foreigners to engage in any business that are restricted under the Foreign Business Act of 1999, but which to apply is completely different situations. […]

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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. […]

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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 […]

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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 […]

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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 […]

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