LAWS in Thailand
Thailand is a Civil Law jurisdiction similar to civil law countries in western Europe. Thailand’s Civil and Commercial Code is for a large part based on western Civil law.
Thailand does not know case law as in Common Law countries, but in practice it is impossible to understand Civil Law in detail without also taking into account relevant Supreme Court judgments. The Thailand Supreme Court gives rules for the exact interpretation words and sections of the Civil and Commercial Code in order that written laws may be correctly understood and the extent of their meaning or significance determined. Thailand Supreme Court rulings have in practice the same authority as written laws.
The Thailand Supreme Court does not rule over or take in consideration the facts around a specific case but only explains the exact meaning and interpretation of the written law. Following its ruling it is sent back to the court dealing with the actual case. The court’s ruling dealing with the case will not create a precedent providing an example or authority for judges deciding similar cases later, but the Supreme Court’s ruling on the exact meaning of the written law has binding authority, similar to written laws.
Civil and Commercial Code
The Civil and Commercial Code of Thailand is a systematic collection of laws designed to comprehensively deal with a number of the core areas of private and commercial law such as property law, contract law, family law and company law.
Other laws in Thailand deal with specific areas of the law, such as the Condominium Act. The Thailand Condominium or Condo Act deals with real estate property where a specified part of real estate (usually of an apartment) is individually owned while use of and access to common facilities in the piece such as hallways, heating system, elevators, exterior are jointly owned and controlled by the association of owners.
Hire, lease or rent of a condominium apartment is again governed by the section Hire of Property in the Civil and Commercial Code. Regulations concerning consumers buying a condominium are again issued under the Consumer Protection laws.
Penal Code
The Penal or Criminal Code of Thailand is the legal code governing crimes and their punishment.
There are numerous other laws and regulations in Thailand, such as:
- The Land Code Act,
- The Foreign Business Act,
- The Revenue Code,
- Investment Promotion Act,
- Foreign Employment Act,
- Labour Protection Act,
- Chamber of Commerce Act,
- Accounting Act,
- National Park Act,
- Anti Money Laundering Act,
- Public Limited Companies Act,
- Consumer Protection Act,
- Thai Nationality Act,
- Immigration Act
To name a few out of a very long list of laws in Thailand!
