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The laws of Thailand are based on the civil law, but have been influenced by
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
(see also world legal systems).


Sources of law

The Rattanakosin Kingdom and the four traditionally counted preceding kingdoms, collectively called
Siam Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Mainland Southeast Asia, Indochinese Peninsula, spanning , with a population of almost 70 mi ...
, had a largely
uncodified constitution An uncodified constitution is a type of constitution where the fundamental rules often take the form of custom (law), customs, usage, precedent and a variety of statutes and legal instruments.Johari, J. C. (2006) ''New Comparative Government'', ...
until 1932. In the King of Siam's preamble to the penal code promulgated on 1 April 1908, and came into effect on 21 September, the king said: "In the ancient times the monarchs of the Siamese nation governed their people with laws which were originally derived from the Dhamasustra of
Manu Manu may refer to: Geography * Manú Province, a province of Peru, in the Madre de Dios Region **Manú National Park, Peru ** Manú River, in southeastern Peru * Manu River (Tripura), which originates in India and flows into Bangladesh *Manu Tem ...
, which was then the prevailing law among the inhabitants of
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
and the neighbouring countries." The principal law sources in Thailand are: * Constitution of Thailand - prevails over other laws. * Acts and statutes - Many of which created and amended the 4 basic codes: Civil and Commercial Code (CCC), Penal Code (PC), Civil Procedure Code, and the Criminal Procedure Code. Newer codes include the Land Code and the Revenue Code. Years on Thai statutes are dated with the Buddhist Era (BE) year based on the
Thai solar calendar The Thai solar calendar ( th, ปฏิทินสุริยคติ, , "solar calendar") was adopted by King Chulalongkorn (Rama V) in 1888 CE as the Siamese version of the Gregorian calendar, replacing the Thai lunar calendar as the lega ...
. * Emergency decree or royal proclamation - these are issued by the king, upon the advice of the cabinet, where an urgent law is needed for national security, public safety, national economic stability, or to avert a public calamity. An example is the Emergency Decree on Public Administration in Emergency Situation BE 2548 (2005). * Treaties * Subordinate legislation - Regulations (ministerial), orders, notifications, royal decrees, and rules. * Supreme Court opinions and other judicial decisions - Judicial precedent in Thailand is not binding. Courts are not bound to follow their own decisions. Lower courts are not bound to follow precedents set by higher courts. However, Thai law has been influenced by common law precedent. Courts are therefore significantly influenced by earlier decisions or decisions of higher courts. The Supreme Court of Justice publishes its decisions, known as "Supreme Court Opinions". These are frequently used as secondary authorities and are numbered according to the year issued. Other judicial decisions or rulings are published by the Administrative Court and the Constitutional Court.


Public Law


Constitutional Law

The Constitution of Thailand is the supreme law of Thailand which prevails over other laws passed by parliament. The 2017 Constitution of Thailand is the most recent constitution. The
Constitutional Court of Thailand The Constitutional Court of the Kingdom of Thailand ( th, ศาลรัฐธรรมนูญ, , ) is an independent Thai court created by the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal d ...
has jurisdiction to make rulings over the constitutionality of parliamentary acts, royal decrees, draft legislation, appointment and removal of public officials and issues regarding political parties and civil liberties.


Criminal law

Criminal offences (that can lead to arrest and imprisonment) are enumerated in the Thai Penal Code (or
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
) as well as numerous other statutes. Criminal procedures are outlined in the Criminal Procedure Code. * Drug offences are dealt with by several statutes. The BE 2522 (1979) defines narcotics, classifies them into categories, details offences and outlines punishments. Penalties for producing, importing or exporting narcotics are outlined in sections 65–102 (Chapter 12) and include fines, life imprisonment or death. Other narcotics laws include the Psychotropic Substances Act BE 2518 (1975) and the Narcotics Control Act BE 2519 (1976). * The offence of lèse majesté is found in the Criminal Code. Article 112 states that "Whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished (with) imprisonment of three to fifteen years" (see also lèse majesté in Thailand).


Administrative law

Administrative law Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...
matters such as judicial review are handled by the Administrative Court, which was established under The Act on Establishment of Administrative Courts and Administrative Court Procedure BE 2542 (1999). The jurisdiction of the court includes unlawful act by an administrative agency or State official (e.g., ''
ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
'', inconsistent with law, bad faith etc.), neglecting or unreasonable delay in official duties, wrongful act or other liability of an administrative agency, administrative contracts, mandating a person to do something or an injunction.


Immigration law

Visa and immigration law is outlined in the Immigration Act BE 2522 (1979) and its amendments. The Immigration Bureau of the
Royal Thai Police The Royal Thai Police (RTP) ( th, สำนักงานตำรวจแห่งชาติ; ) is the national police force of Thailand. The RTP employs between 210,700 and 230,000 officers, roughly 17 percent of all civil servants (excludi ...
administers the law, while the Immigration Commission shall have power and duty to make decision such as giving or revoking permission to stay.


Private law

The most important reference of
private law Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ( ...
(or civil law) is the Civil and Commercial Code of Thailand (see also other civil codes). It is composed of several books. Books I and II were first promulgated on 11 November 1925 ( BE 2466). The Civil code is updated as required by amendment acts (for example ''Act Amending Civil and Commercial Code (No 14)'' BE 2548 ( The Law of Obligations in general is found in Civil and Commercial Code sections 194 to 353 (Book II, Title I).
Quasi-contract A quasi-contract (or implied-in-law contract or constructive contract) is a fictional contract recognised by a court. The notion of a quasi-contract can be traced to Roman law and is still a concept used in some modern legal systems. Quasi Contrac ...
s include undue enrichment, sections 406 to 419 (Book II, Title IV), and management of affairs without mandate, sections 395 to 405 (Book II, Title III). The main source of
contract law A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
is the Civil and Commercial Code sections 354 to 394 (Book II, Title II). Specific contracts (Sale, Hire, Mortgage, Insurance, Bills etc.) are found in the Civil and Commercial Code sections 453 to 1011 (Book III, Titles I to XXI).


Tort or delict law

Tort law A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
or
delict Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of ...
law falls within the law of obligations. It is found in the Civil and Commercial Code sections 420 to 452 (Book II, Title V). The Code deals with wrongful acts: liability, compensation and exemptions to liability (justifiable acts).


Corporate law

Basic corporate law is found in the Civil and Commercial Code sections 1012 to 1273 (Book II, Title XXII). Foreign ownership of certain Thai industries and foreign companies in general are regulated by the Foreign Business Act BE 2542 (1999).


Personal property law

The main source of
property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual pro ...
is the Civil and Commercial Code sections 1298 to 1434 (Book IV).


Land law

Land law is dealt with by the Land Code. This was established by Act Promulgating the Land Code, B.E. 2497 (1954). Land in Thailand is covered by a system consisting of several title deeds offering different rights of use, possession, ownership or alienation. Most titles are issued by the Land Department and fall within seven main categories. Another five categories are issued by other government departments for specific purposes. The Chanote (or Nor Sor 4 Jor) category, found in more developed parts of Thailand, offers private ownership (similar to freehold land). Other land is considered to belong to the government or the King of Thailand.


Intellectual property

Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
law, that is patents,
trademarks A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from othe ...
and
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
, are protected by the Patent Act BE 2522 (1979), Trademark Act BE 2534 (1991) and the Copyright Act BE 2537 (1994) and their amendments respectively. Trade secrets are protected by the Trade Secrets Act BE 2545 (2002). The Department of Intellectual Property (DIP) manages intellectual property matters such as registration and enforcement. A registration system exists for trademarks and patents. Copyright is automatically protected for 50 years and does not need registration, however it can be filed with the DIP. Disputes are first heard in the Intellectual Property and International Trade Court.


Patents

Patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
protection in
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
aims to support innovators who introduce new proprietary technologies. A firm reaps several benefits from registering a patent. First, the patentee gets exclusive rights to shield himself from others making, using, selling, or distributing the invention or design without permission. Second, a granted patent increases business value. Third, a granted patent is enforceable. Patent protection helps a business gain a competitive advantage and helps it obtain a
return on investment Return on investment (ROI) or return on costs (ROC) is a ratio between net income (over a period) and investment (costs resulting from an investment of some resources at a point in time). A high ROI means the investment's gains compare favourably ...
(ROI) to defray research and development costs. Thailand uses an "absolute novelty" and "first to file" patent system, making confidentiality a must until a patent application date is registered. Three types of patents can be granted: invention patents, petty patents, and
design patent In the United States, a design patent is a form of legal protection granted to the ornamental design of an article of manufacture. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers ...
s:


= Invention patents

= As with
European patent law European patent law covers a range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. For some states in Eastern ...
, Thai patent law, under Section 5 of the Patent Act 1979 (as amended in 1992, 1999), grants patents to an invention that (1) is non-obvious (involves an inventive step), (2) is novel, and (3) is capable of industrial application. Under Thai law, an innovation is understood to mean an invention step, if "it is not obvious to a person...skilled in the art." According to the Manual of Patent and Petty Patent Applications Examination, "an invention must provide a benefit or improvement in occurrence of at least one of the following: # effect of design/form # task # selection # requirement of a problem and solution # effort # non-simplification # concentration of developmental steps # economic success # scientific technical research # progressive # achievements by the invention # non-exchangeable compounds # surprising results The invention patent confers an exclusivity period of 20 years from its registration date.


Software patents

Computer software is unpatentable under Thai Patent law. Section 9 of the Thai Patent Act 1999 states that Thai patent law does not include software (or computer programs) as patentable because computer software is not considered an "invention". Software is considered to be merely a set of instructions to a machine. Software patents in Thailand have sparked
software patent debate The software patent debate is the argument about the extent to which, as a matter of public policy, it should be possible to patent software and computer-implemented inventions. Policy debate on software patents has been active for years. The op ...
s among economists and developers as there are two significant developments in international patent law: (1) the European Union's attempt to harmonize national patent laws by the Proposal for a Directive of the European Parliament and Council on the patentability of computer-implemented inventions, and (2) the US court decision to expand patent protection to business methods. Opinions are divided. Dr. Tangkitvanich, an IT specialist at the Thailand Development Research Institute (TDRI), raised the concern that Thailand is not ready for software patents as there were several flaws in patent rights. For example, the business method prevention has high tendency to hinder the growth in innovations especially for infant software companies. Moreover, the software patent may cause monopoly and innovation problems. "Monopoly will thwart innovations of new software products, particularly open-source software", said a group of Thai economists. However, Dr. Hirapruk who is the Director of Software Park Thailand, on the other hand,  provides his support on allowing the computer programs to be patentable: "Thailand had to provide a patent-right protection for computer software to ensure foreign high-tech investors that software producers' creativity would be secured from violations in Thailand." As a result, Mr. Sribhibhadh, president of the Association of the Thai Software Industry, emphasized that there will need to be a clear overview of the impact on the local industry if Thailand really had to fully implement the patent right protections.


= Petty patents

= A petty patent (known as a utility model in other countries) can be granted if an invention does not involve an inventive step, but is capable of industrial application. Unlike an invention patent, a petty patent has an exclusivity term of 10 years with an initial patent protection period of six years and two possible extensions of two years each. A petty patent is suitable for a new invention which would qualify for an invention patent except that it has no strong, technical innovative step. To be more specific, petty patents have been widely used among Thai companies, especially for manufacturing companies and inventors of less complicated inventions. This is because the petty patent has relatively simple criteria.


= Design patents

= A design patent is granted based on the ornamental aspects or aesthetics of an product, including features pertaining to its shape, configuration, or pattern. For example, it may be granted for new qualifying three-dimensional designs or two-dimensional designs. The length of patent protection is 10 years from registration date. Unlike an invention patent, the main benefit of a design patent is the less stringent requirements as it requires only novelty and capability of industrial application. In Thailand, design patents are popular in design-heavy industries such as car manufacturers, beverage companies, and furniture designers.


Family law

The main source of
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
is the Civil and Commercial Code sections 1435 to 1598 (Book V).


Succession law

The main source of succession law is the Civil and Commercial Code sections 1599 to 1755 (Book VI).


Laws relating to foreigners

The Foreign Business Act of 1999 regulates foreign ownership of certain Thai industries and foreign companies. The Alien Business Law (N.E.C. Announcement 281) prohibits foreigners from holding certain professions which are reserved for Thai nationals.


See also

*
Judiciary of Thailand The judiciary of Thailand ( th, ฝ่ายตุลาการไทย; ) is composed of four distinct systems: the Court of Justice, the Administrative Court, military courts, and the Constitutional Court of Thailand. The current judicial ...
* ''
Royal Thai Government Gazette The ''Royal Thai Government Gazette'' (, ), frequently abbreviated to ''Government Gazette'' (GG) or ''Royal Gazette'' (RG), is the public journal and newspaper of record of Thailand. Laws passed by the government generally come into force after ...
'' - Thailand's public journal that publishes laws at which point they generally come into force *
Thai labour law The labour law of Thailand takes place under the framework of several acts of parliament and decrees, primarily the Labour Protection Act, B.E. 2541 (1998), and is mainly governed by the Ministry of Labour. Most of the legal framework was develope ...


References


External links


Thailand Law Library


- Databases, Catalog and Websearch




Thailand Law Reform Commission

Thailand Law Forum


* ttp://www.thailaws.com/ www.ThaiLaws.com - Thailand acts and legal information, both in English and Thai language.
Collection of English Thai laws, regulations, Acts and legal articles.



Thailand property laws



LawDD.net Website provide "Thailand Law Database Center"
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