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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Legality of E-Signatures in Thailand

With the increasing spread of internet usage and electronic delivery of documents, the demand for clarity on the legality for electronic signatures in Thailand is growing. E-Signatures (electronic signatures) are markings, letters, numbers, or symbols that are created in electronic form that establish the signatory acceptance of the contents of the electronic document. The benefits […]

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Arbitration, Mediation, and Conciliation in Thailand

| April 10, 2015 | Litigation

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 […]

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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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Intellectual Property Prosecution in Thailand

| March 27, 2015 | Criminal Law, Litigation

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 […]

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New Seven-Year Plan at the BOI

The Board of Investment promotes certain investments to respond to current and future economic needs of Thailand. The Thai Board of Investment has recently approved a new seven year master plan. The new master plan is to promote inbound value added investments and Thai investment overseas. The new “Seven Year Investment Strategy will run from […]

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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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Thai Property: Easements, Servitudes, or Right of Ways

| February 20, 2015 | Land, Property

Due diligence is important to confirm all of the material facts in the purchase of property. The most important is an actual physical inspection of the property through an independent surveyor. The legal documents relating to land or property in Thailand may be wrong. It is important to ensure that the title deed accurately reflects […]

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Criminal Trespass Under the Thai Criminal Code of B.E. 2499 (1956)

| February 13, 2015 | Criminal Law, Litigation

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 […]

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Copyright Infringement in Thailand

| February 3, 2015 | Criminal Law, Litigation

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 […]

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