Thai Civil Law is determined by the Civil & Commercial Code. In addition to typical Civil Law matters, the Thai Civil & Commercial Code deals with family law, wills & estates and succession. Principally, the Civil & Commercial Code includes provisions relating to “general principals & obligations” which are also relevant and can be applied to laws outside of the “Civil & Commercial Code”.
Thai Civil Law specifically deals with laws relating to persons, property, and general principles and obligations. It is distinct from Criminal Law in that it only deals with civil matters between persons, business entities and corporations. The Civil & Commercial Code is very broad in its provisions and requires a sound understanding of not only the specific provisions but also of the procedural requirements necessary for the correct implementation of the law.
At Diamond Russell Lawyers we can assist clients with any matters relating to Civil Law and will be pleased to discuss your issue and/or requirements to ensure a favourable outcome to your objectives.
Contracts
Contracts are something that apply to virtually everyone in everyday life. Almost everything we do involves a contract of some kind such as the simple act of buying something from a seller (private or commercial) where the contract is mostly an unwritten contract involving the basic principles of “Offer & Acceptance”, “Full Disclosure” and “Financial Consideration/Payment”.
Anyone involved in conducting business at a commercial level (whether personally or via a business, partnership or corporation) should be using formal written contracts which protect their business interests whilst addressing the interests and rights of the other party.
Some examples of contracts could be,- Rental/Lease Agreement, General Purchase Contract/Agreement, Property Purchase Contract, Commercial Engagement Agreement, Userfruct Agreement. And the list goes on to include virtually every transaction or agreement imaginable (with the exception of illegal activities which can not be contracted lawfully).
Whilst all Agreements are actually contracts, not all contracts are Agreements. It really depends on the purpose and operation of the “contract” and is something that can be discussed with your lawyer.
At Diamond Russell Lawyers we can assist clients with the correct and lawful drafting of contracts which can include Thai & English versions so that any English speaking parties to the contract can understand the contract purpose and operative provisions. Please feel welcome to contact us for an obligation free chat about your requirements.
Business & Company Establishment
Business Establishment: Establishing a business as a sole trader is quite straightforward from a legal point of view. Basically the business operator needs to register a business name and existence of the business with the Thai Department Business Development. Depending on the specific purpose and operation of the business, certain provisions of the Civil & Commercial Code will be particularly relevant and therefore the business owner should be aware of those provisions. At Diamond Russell Lawyers we can advise you of the process of business registration and provide assistance in that process. We can also provide the business owner with a consultation on the operation of the business and the legal obligations and applicable laws that could affect the business owner as an unlimited liability person as opposed to a limited liability person as defined in company and some partnership setups.
Company Establishment: Establishing a company allows the company owner to operate in business as a limited liability person. This doesn’t mean to say that the directors of a company are devoid of any personal responsibility as they are still operating under the provisions of the Civil & Commercial Code as well as being subject to the Criminal Code for any breaches of Criminal Law made by any “limited liability” director.
Setting up a company requires specific attention to the documentation of all directors and ensuring that those nominees are legally capable of holding office within a Thai company, as well as making specific references to the type and purpose of the company. This is important in order to protect the directors of the company from any claims arising from business practices and transactions that are outside the registered purpose and operation of the company. Moreover, each company will have a differing structure of paid-up (registered) capital which needs to be carefully considered depending on the industry, profession or purpose of the company.
At Diamond Russell Lawyers we can assist you with the establishment of a company by taking care of all of the documentation required and ensuring the proper and lawful registration of the company. As each case is different, we will consult with the client to determine the appropriate and lawful setup of the company and discuss the obligations, reporting requirements and applicable taxation laws.
Association Establishment and Registration: For clients wishing to establish an association, there are certain requirements necessary for the registration of the Association which relate to the operative procedures of the association. Often these operative procedures and protocols are simply a matter for the association principals to determine but most importantly they need to be framed within the correct legal language and with respect to specific provisions of the Civil & Commercial Code. This is where the services of a competent lawyer come into focus and this is one area in which Diamond Russell Lawyers can assist. If you have an association that you need to establish and legally register, please feel welcome to contact us to discuss your requirements.
Dispute Resolution
The best time to resolve any dispute is prior to it escalating to the point of legal action!
If a client is involved in any kind of dispute and perhaps anticipates that the dispute could escalate into a legal claim or charges, then it would be highly worthwhile to arrange a dispute resolution meeting so as to arrive at an amicable agreement between the disputing parties.
Sometimes this process is not at all practical for the parties to arrange directly themselves, but with the assistance of an experienced legal counsellor then the parties can be brought together to discuss the matter in a balanced, constructive and lawful manner. Diamond Russell Lawyers extends an invitation to anyone who might be experiencing a dispute, to contact us to discuss a mediation process aimed at bringing about a constructive conclusion to a dispute. This process can happen either before any legal claim (Court summons) has been made, or prior to any formal claim at the point of foundational disagreement or argument. Our senior Legal Counsellor Phuangphet Hall is a highly adept and experienced mediator and can assist clients in Thai to Thai dispute resolution and also English to Thai dispute resolution.
Marriage & Divorce
Marriage & Divorce are considered as Family Law matters and are governed by the provisions of the Thai Civil & Commercial Code. You can refer to our specific web page on “Family Law” but in simple terms, we can assist any clients with matters relating to marriage such as prenuptial agreements and post-nuptial agreements, and with matters relating to divorce such as establishing grounds for divorce and the subsequent filing for divorce with the Court.
