Category: Litigation

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 […]

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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

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 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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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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. […]

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