Thai Law Database Online

Divorce under Thai Laws

thailaw — Thu, 02 Dec 2010 17:51:45 +0000

Divorce under Thai Laws

Marriage seems to be a wonderful dream for people. Some says that a marriage is the beginning of life. If a man or a woman is not getting married, most people think that there must be something wrong with him or her. While many couples are happy with using life with his or her lover with the marriage, many couples fail with the marriage too. People always create things and always think that those things are his or her own. I would like to tell you that even your body is not yours, your son is not yours, your teeth, hair, foot, and etc is not yours. Can we call a boy that a girl, and vice versa? People make it up! So, you should not adhere to something.

Divorce may be effected only by:

1. Mutual consent

2. Judgment of the Court

Mutual Consent

Divorce by mutual consent must be made in writing and certified by the signatures of at least two witnesses. In addition, when marriage has been registered, divorce is valid only if the registration is effected by both the husband and wife.

The divorce is made in writing with two witnesses’ signatures, but spouse does not go to register to divorce at Ampher. The other spouse can take an action to the Court.

2. Judgment of the Court

There are ten grounds of action for divorce as follows:

The husband has given maintenance to or honoured such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;

2. One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other;

2.1 to be seriously ashamed;

2.2 to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or

2.3 to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration;

For example, a wife complains a husband’s boss that her husband has an affair with other woman. The boss makes a disciplinary punishment to the husband. The act of wife is not guilty of misconduct because a wife has a right to prevent or refrain her husband from relationship with other woman.

3. One spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;

4. One spouse has deserted the other for more than one year, the latter may enter a claim for divorce;

Therefore, if the husband and the wife are agreed to separate from each other, the spouse cannot claim that he or she has been deserted.

5. One spouse has been adjudged to have disappeared, or has left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;

To Be Continued

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.

Omission to Act under Thai Laws

thailaw — Mon, 29 Nov 2010 10:04:41 +0000

Omission to Act under Thai Laws

Principle of Criminal law is that a person shall be criminally liable only when such person commits an act intentionally. However, an omission to act can become criminally liable as well. How come people are criminally liable without do nothing!

Let’s see example

Peter is walking near a river, and suddenly a boy is drowning. Peter can help him, but he just ignores him. The boy finally is dead.
Unfortunately, the boy drowning is Peter’s son. He does not like him, so he just ignores him. The boy is dead.

Should Peter be criminally liable? If this situation happens in real life, I believe that almost everyone would like to see some punishment to Peter.

For the first example, Peter is criminally liable for a petty offence while the second one, Peter is considered as a murderer, and he shall be punished with death, imprisonment for life, or imprisoned as from fifteen years to twenty years. What make him get a big different punishment while he did nothing at the same situation? Under law, Peter has acted by omission, and his duty will lead him to the degree of punishment. In the first example, Peter has no duty to protect a boy’s life. It’s just a general duty of a good person to help people while Peter in the second one has a specific duty to protect his son according to Section 1564 of Civil and Commercial Law stating that Parents are bound to maintain their children and to provide proper education for them during their minority.

Therefore, an act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

A specific duty to prevent some consequence may occur from different cases, such as

The duty from legitimate law

Law provides clearly that people has a duty to do, such as Civil and Commercial Code, Section 1563 “Children are bound to maintain their parents”

For example, a son does not give food and water to his old father who cannot move himself until the father dies. This omission to act is not different from the son shoots his father by himself.

2. The duty from specific acceptance

Such as, a nursery nurse, a person who takes care of the safety of pool service user

3. The duty form previous acts

For example, a man takes a blind to cross the street, but he leaves the blind at the halfway in order to get on the bus. The blind is bumped by a car. The man is criminal liable as the person who causes bodily harm because he has a duty to take the blind to the other side of the street. His duty is not completed.

4. The duty from special relationship

A man and a woman are not married legally, but both stay together as husband and wife. Although their duties are not bound by family law, they have to help each other.

So, when we talk about the omission to act under Thai law, we have to focus on the duty. If the person has a specific duty to do to prevent consequence, he does not do so. He is criminal liable by his omission. On the contrary, if his duty is general duty, he may be punished for a petty offence.

Abortion Law in Thailand

thailaw — Fri, 26 Nov 2010 17:09:09 +0000

Two weeks ago, police officers found 2002 dead baby in a temple in Bangkok. Most babies were died by abortion. I was shocked! I know well that abortion clinics are around in Bangkok, but I never think the degree of abortion is such very high. Poor Thailand! I do not think that Thai abortion law is weak or needs some alteration, but I think girls or women should learn and understand the word “Mother.”

Under Criminal Law, section 301 states that any woman, causing herself to be aborted or allowing the other person to procure the abortion for herself, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both.

Some people may think that the men should be imprisoned too because he is a part of giving a birth. Some men are selfish and run away immediately from the women when they know that the woman is having a baby. I partly agree. But unfortunately, the law does not provide a charge for such bad guys. In my view, nobody can force a pregnant women to cause herself to be aborted, except her herself. Only the pregnant women can decide whether a baby will be alive or not.

In addition, whoever procures abortion for a woman whether the woman gives consent or not shall be punished with imprisonment. Absolutely, a doctor shall go to jail. Furthermore, if an abortion by a doctor or any person causes other grievous bodily harm to the woman, the offender shall be punished with longer imprisonment. For example, if the abortion goes bad, the woman becomes infirmity or chronic illness which may last throughout her life.

However, there is still an exception for lawful abortion. If the abortion is committed by a medical practitioner, and;

It is necessary for the sake of the health of such woman; or
The woman is pregnant on account of the commission of the offence as provide in Section 276, 277, 282, 283, or 284; the offender is not guilty.

For example, the woman is raped. Again, the law protects a baby’s life. So, even though a baby does not have a hand or a leg, a mother cannot cause herself to be aborted

Lastly, abortion would not happen if both men and women are ready to have their own family.

If you really want to see how abortion is, follow the site below (No Censored)

http://www.jabchai.com/main/view_joke.php?id=5664

Rights of the accused under Thai Criminal Procedure Law

thailaw — Wed, 24 Nov 2010 18:13:11 +0000

Rights of the accused under Thai Criminal Procedure Law

Nothing in the World is certain, even your life. You may involve in a crime easily by walking near a murder scene at night or carrying a bag for an unknown person but turning out to be a crack. Just because of your suspicious behavior, a police officer may arrest or give you a summons for an investigation. Then, your status will be changed to an accused. Anxiety occurs but don’t forget your right. Here are your rights since you are arrested as an accused:

An accused can meet and ask for counsel from his becoming lawyer personally.
An accused’s lawyer or trusted person can stay during an interrogation.
An accused’s relatives can meet or contact an accused on reasonable basis.
When an accused gets sick, he can be cured as soon as possible.
After a police officer or an inquiry officer finishes making legal documents or inquiry documents, he should read such documents for a person giving statements (an accused.) If documents’ statement is opposed, changed, or added, a police officer or an inquiry should change for a correct statement or note a reason for remaining unchanged. Then, a statement-given person (an accused) should sign for affirming documents’ correctness. If an accused denies signing, a police officer or an inquiry office should note a reason for such act.
If an accused cannot speak or understand Thai language and does not have a translator, a police officer or an inquiry officer should provide a translator for an accused as soon as possible.

However, an interrogation is very important process for you and for justice process because a public prosecutor’s and the Court’s decision results from collecting evidence during the interrogation. Therefore, you really should know your right while you are being interrogated as follows:

1 An inquiry officer should inform an accused about fact of doing a crime and an allegation.

2 An inquiry officer should give an accused an opportunity to refuse an allegation and explain fact in favor of an accused.

3 An accused has a right to have his legal counsel or trusted person with him during an interrogation.

4 Before an accused gives testimony, an inquiry officer should inform that an accused has a right to remain silent. Anything he says will be used against him in court. Moreover, an inquiry officer should inform that he has a right to have his legal counsel during an interrogation.

5 An inquiry officer notes as an accused testify.

6 An inquiry officer cannot give a promise, coerce, deceive torture, use force against, or act wrongfully for persuading an accused to testify.

When you know your right, you can protect your life. If an inquiry officer does not notify the right no.3 or 4 to the accused as mentioned above before asking questions, Criminal Procedure Law states clearly that any of saying, given by the alleged offender in the respect of the inquiry official will not be able to admit as evidence in proof of such person’s offence. However, the best choice for an ordinary person is to throw yourself away from the status of an accused. Good luck everybody.

Loan Agreement

thailaw — Wed, 24 Nov 2010 18:09:23 +0000

Loan Agreement

Have you ever borrowed some money from someone, and vice versa? Many years ago, one of my friends borrowed me some money, I gave him the money without hesitating. I did not even ask him when he would repay me. Until now, he has not repaid me yet. He may forget! When I study law, I just realized that any agreement should be made in writing.

Under Civil and Commercial Code, section 653 states that a loan of money for a sum exceeding two thousand baht in capital is not enforceable by action unless there is some written evidence of the loan signed by the borrower

First, we talk about the amount of money. Only a loan of money that exceeds two thousand baht is needed to do in writing, otherwise such loan cannot be taken by action. Therefore, any loan of money can be made by oval. However, I recommend that always make it in writing.

“Some written evidence” some people understand that the loan agreement must be made only in a piece of paper. Actually, you can write a loan agreement anywhere. You may make it on a wall, a table, your body, etc. However, the loan agreement should be written in a paper because it is easier to show the Court. Please be noted that in the loan agreement must at least show that someone borrows your money, and he will repaid, the amount of money, and signed by the borrower. A name of lender, the expected date of repayment, the date of loan agreement are not needed. However, the more information you put in the agreement, the easier to prove to the Court.

Edition or Alternation of a loan agreement

***If a loan agreement is made completely, the second loan agreement should be made separately from the first one. If the second loan agreement is not made, the borrower just crosses the amount of money of the first loan out, combines the amount of money for the first and second loan together, and put it in the first agreement without signing his name again. Only the first loan agreement is considered to be written evidence.

For an example, Mr. Peter borrows Miss Somsri for the amount of five thousand baht. They both make a loan agreement already. On the same day, Peter needs two thousand baht more, so they agree that they crosses out five thousand baht out and put seven thousand baht instead in the agreement. Under law, only the loan agreement for five thousand baht is considered to be written evidence. Therefore, Peter is liable for only five thousand baht.

In addition, law provides that interest shall not exceed fifteen percent per year; when a higher rate of interest is fixed by the contract, it shall be reduced to fifteen percent per year.

Time to pay back

If a loan agreement is made in writing and the borrower repay by money, the borrower can prove the repayment to the Court when:

There is some written evidence signed by the lender; or
The document evidencing the loan has been surrendered to the borrower; or
The document evidencing the loan has been canceled

Therefore, if the borrower repay by giving things, not money, the borrower does not need to follow the either method as mentioned above to prove the Court.

Wills under Thai Laws

thailaw — Fri, 19 Nov 2010 11:11:01 +0000

Wills under Thai Law

What do you think about a will? Under Civil and Commercial Law, section 1620 states that where a person dies without having made a will, or if having made a will, his will has no effect, the whole of his estate shall be distributed among his statutory heirs according to law.

Therefore, if you die without making a will, your all property will be distributed to your son, daughter, parents, etc. Many problems arising to the family that a will is not made. When you die, your son may not know how much estate you have and where it is? Your son needs to collect it and apply to the Court to appoint an administrator of the estate. And that takes time! Furthermore, your children may kill each other just because of your estate. So, a will is a good solution for you and your children. You can manage your estate or other matters which will take effect after your death.

You know you can make a will by yourself, no need to hire a lawyer. The will you yourself can make must be in the form as follows:

A will must be made in writing, dated at the time of the making of the will and signed by the testator before at least two witnesses present at the same time who shall then and there sign their names certifying the signature of the testator. Be careful! If you would like to erase, add or do other alteration in the will, you must make it in the same form as prescribed above.
A will must write with his own hand the whole text of the document, the date and his signature. Be careful! If you would like to erase, add or do other alteration in the will, you must make by your own hand and signed by you.

Please be noted that the writer of the will or a witness thereof cannot be a legatee under such will.

In addition, the following person cannot be witnesses of a will:

1. A minor( a person is under twenty years of age);

2. A person of unsound mind or a person adjudged quasi-incompetent;

3. A person who are deaf or dumb or blind.

People do not know when people will die. A will can make sure that any estate we have will be transferred to the person we would like to give after death.

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.

Gift under Thai Law

thailaw — Fri, 19 Nov 2010 11:01:48 +0000

Gift under Thai Law

“Gift” it seems to be easy to understand this word, and there is nothing to explain this word too. In your life, I believe that you ever give something to other. When you give something to someone, can you take it back? Can you give a house or land to someone by oval? Is the donor liable for the defect of given property?

Under Civil and Commercial Code, section 523 states that a gift is valid only on delivery of the property given. Therefore, just only say “I will give you a book or a ring” there is no effect to law until the donee has received property from the donor. Furthermore, a gift includes the release of an obligation or performing an obligation due from the done.

When a gift is to gratuitously transfer a property of his own to another person, the donor is not liable to the donee for any defect of the given property.

Importantly, a gift of immovable property is valid only when it is made in writing and registered by the competent official. Therefore, if someone tells you that he will give you a land in return, do not remember to tell him to go to the land department to register and transfer the land to you. Therefore, a gift agreement with a clause providing that the land registration will be made in seven days is invalid. In the other words, the donee cannot bring a case to the Court against the donor by claiming that the donor has to register the land transfer for the donee.

Can the donor take a gift back from the donee? Yes, but only the following case:

1. If the donee committed a serious criminal offence punishable under the Penal Code against the donor, or

For an example, the donee shoots the donor, but not to dead.

2. If the donee seriously defamed or insulted the donor, or

For an example, the donee defames and insults the donor that “you are not my father, get out! If you do not go, I will kill you.”

3. If the donee refused the donor who is in need of the necessaries of life while he was able to supply them

Therefore, aside from cases mentioned above, the donor cannot take the gift back as his own mind.

However, if the donor has forgiven the done, a gift cannot be revoked, or if six months have elapsed since the time when the act of ingratitude came to the knowledge of the person entitled to claim revocation.

Interestingly! The donor cannot claim revocation of a gift for an act of ingratitude for the following gift:

1. Gifts purely remuneratory.

For an example, Peter’s car tires get flat, and Mr.B helps fixing it. So, Peter give some money to Mr.B

2. Gifts encumbered with a charge

3. Gifts made in compliance with a moral duty

For an example, before a mother dies, she gave a land to her son, and told him that you must give the half land to his brother. Then the son gave the half land to his brother as mother requested.

4. Gifts made in consideration of marriage

When you give things to someone, do not expect anything in return. Believe Me!

Adoption in Thailand

thailaw — Tue, 16 Nov 2010 13:54:19 +0000

Adoption in Thailand

There are many reasons for adopting a child. A mother cannot give a birth, but she really want to have a child, or some family feel pity for an orphan. In Thailand, most people adopt a child from only his or her cousin.

Under Civil and Commercial Code, section 1598/19 “ A person who is not less than twenty five years old may adopt another, provided he is at least fifteen years older than the adopted person.” Therefore, a child who can be adopted must have the age of at least ten years old. And if the person to be adopted is not less than fifteen years old, such person must give consent. Furthermore, if a person to be adopted is a minor (less than 20 years of age), an adoption can take place only with the consent of his or her parents. In the case the minor has been abandoned and been under the supervision of an institution for child, the institution can give consent on behalf of his parents. In addition, if a person who is to adopt or is to be adopted is married, a spouse must give consent.

Please note that a minor who has been adopted cannot be adopted to another person at the same time, except an adopted of the spouse of the adoptor. An adoption takes effect by law upon the registration.

When an adoption is valid, an adopted child becomes a legitimate child of an adoptor. That means the adopted child has rights and duties under family law to the adoptor. For examples, an adopted child is bound to maintain his parents; an adopted child cannot enter an action, either civil or criminal, against the adoptor’s ascendants. On the contrary, the adoptor also has rights and duties to the adopted child. For an example, the adoptor is bound to maintain the adopted while the adopted is still a minor. However, the adoptor does not have the right to inherit the adopted.

However, an adopted does not lose his rights and duties in his family, but his parents lose their control power over the adopted since the child is adopted

Can an adopted marry an adoptor? Yes, why not! Just the adoption will become dissolved. In addition, the dissolution of adoption can take place by order of the Court. For examples, either party does not maintain the other; one party seriously insults the other.

Even though an adoption can fulfill someone’s mind, you are bound under family law.

Prenuptial Agreement under Thai Law

thailaw — Mon, 15 Nov 2010 07:09:33 +0000

Prenuptial Agreement or Premarital Agreement

Under Civil and Commercial Code, section 1465 states that where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties, the relations between them as regards their properties shall be governed by the provisions of this Chapter

From the section 1465, a prenuptial agreement is an agreement made before marriage between husband and wife about their properties. Therefore, any agreement not concerning their properties cannot be included in the prenuptial agreement, such as the maintenance cost of children after divorce.

What if a husband and a wife do not do a prenuptial agreement? If a prenuptial agreement is not made, the relation between the husband and wife about their properties shall be governed by family law. Before we get through the properties relation governed by law between the husband and the wife, we need to know “Sin SomRos” and “Sin Suan Tua.”

Section 1471, Sin Suan Tua consists of:

property belonging to either spouse before marriage;
property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse;
property acquired by either spouse during marriage through a will or gift
Khongman (See the article A Betrothal law in Thailand)

Section 1474, Sin Somros consists of:

Property acquired during marriage;
Property acquired by either spouse during marriage through a will or gift made in writing if it is declared by such will or document or gift to be Sin Somros;
Fruits of Sin Suan Tua (such as Interest)

Sin Suan Tua, each spouse is the manager of his or her own properties, but Sin Som Ros, family law protect in many cases. For examples, 1) properties acquired during their marriage shall own by both the husband and the wife, and such properties shall be divided equally upon divorce, 2) the management of Sin SomRos, in some cases, shall be jointly managed, or one spouse has to obtain consent from the other, such as selling, exchanging, and mortgaging on immovable property, 3) a husband or a wife may cause loss to the Sin SomRos.

So, to avoid these situations, some couple chooses to do the prenuptial agreement before their marriage. In the prenuptial agreement, we can separate Sin Suan Tua from Sin Som Ros, and any properties that you acquire before or after marriage are still your own. In other words, you can sell or exchange the properties without the consent of the other spouse. If either spouse is in debt before or during marriage, a creditor cannot claim for such debt to the other spouse. In addition, the agreement is very helpful for a spouse who has a big business and does not want the other spouse takes the business after divorce or death.

Form of Prenuptial Agreement

The prenuptial agreement can be made legally by

The agreement must be entered in the Marriage Register at the time of marriage registration terms of the prenuptial agreement;
The agreement must be made in writing and signed by both spouses and at least two witnesses and entered into the Marriage Register at the time of marriage registration stating that the prenuptial agreement has taken place.

If the prenuptial agreement is not made under either method mentioned above, the agreement is void.

Furthermore, the prenuptial agreement cannot be altered without the authorization of the Court

The Prenuptial Agreement is helpful in managing properties, but a spouse may not understand and may think that a spouse does not trust him or her.

Is women’s right less than men’s right in Thailand?

thailaw — Sun, 14 Nov 2010 09:16:31 +0000

Is women’s right is less than men’s right in Thailand?

For a long time that women call for their right to be equal to men’s right, such as the right to not use husband’s last name. Some right is not prohibited by law, but it seems that such right is controlled by culture, such as the right to work. We long believe that women should work at home as a housewife, and men should go outside to work. Now, the world has changed. Women play in a role in many sides, politics, education, working, etc. Laws have been enacted to protect and enhance the women’s right in the last few years. For example, Woman Title Act B.E.2551, a married woman now can choose to use “Miss”, instead of Mrs. And The Labour Protection Act, section 15 states clearly that an employer shall treat male and female employees equally in their employment, except where the nature or conditions of the work does or do not allow the employer to so do. In addition, some women’s right is for only women, not for men.

Have you ever thought about women’s right that there is no available for men?

1.Khongmon
“Khongmon” is property that men give or transfer to women on an engagement date. There is no law providing that women have to give khongmon to men in return. In addition, men may give Sinsod to women’s parents to reciprocate women’s parents

2.The right to be a parent in term of law
Under Section 1546 of Civil and Commercial Code, “A child born of a woman who is not married to a man is deemed to be the legitimate child of such woman”
Therefore, a woman is a legitimate parent since a child was born, though she is not married. For a man, if marriage is not taken place, a man can become legitimate parent by subsequent marriage of the parents, or by registration made on application by the father, or by a judgment of the Court.

3.The right to work
Under labour protection law, some work, such as mining or construction work which must be performed underground, underwater, is prohibited for women. In other words, an employer cannot hire a female worker to do such work.

4.Maternity Leave
A pregnant female employee has the right to maternity leave of not more than 90 days for each pregnancy.

Importantly, any right that women acquire is not for free, women have to fight for it. So, women should keep, use, and announce it to any women. I believe that the world now has realized the women’s right.