Summary

Substantive Law and Procedural Law

Substantive Law	Context part of the Law that describe offenses and liability.
Procedural Law	Regulate how to precede cases… (only the court and lawyer needs to know)

Substantive Law

Substantive Law

• General Law (ประมวนกฎหมาย): e.g., Civil and Commercial Law Code, Criminal Code.
• Specific areas of law (พรบ.): e.g., Computer-related — Copyright Act, Criminal Law Code of Thailand

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The Civil and Commercial Law Code of Thailand

The Civil and Commercial Law Code of Thailand

Juristic Acts: The Civil and Commercial Law Code of Thailand

Section 149:

• juristic relations is bounds (to create, modify, transfer…) rights
• juristic relations must be under lawful and voluntary acts
• this is act about juristic relations between 2 parties (or person)
• e.g., contract, …

Section 168:

• A declaration of intention: e.g., contract, will, …
• A declaration of intention made to a person in his presence takes effect from the time when it becomes known to receiver of the intention.
• This applies to all kind of real-time communication: phone

Section 169:

• A declaration of intention made to a person not in his absence takes effect from the time when it becomes known to the person who made the declaration.
• not in his presence is not can responses immediately: e.g., a letter …
• if the revocation (cancel) is reached the receiver before the declaration or simultaneously, the declaration is not valid.

Section 188:

• A juristic act is void if it is subject to an unlawful condition or a condition contrary to public order or good morals.
• void: not valid, not enforceable, not recognized by law.

Wrongful Act (Tort): The Civil and Commercial Law Code of Thailand

Section 2:

• No law shall be retroactive unless it is so provided by the law.

Section 420:

• A person who, willfully or negligently, unlawfully, causes injury to the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is liable to compensate for the damage arising therefrom.

Components of Wrongful Act

• A person willfully or negligently commits an act
• Unlawfully injures another person
• Another person is injured, either to his/her
  • Life
  • Body
  • Health
  • Liberty
  • Property
  • Any right
• The damage occurs as a result f the wrongful act committed (causation)

Section 425:

• An employer is jointly liable with his employee for the consequences of a wrongful act committed by such employee in the course of his employment.

Section 426:

• An employer who has made compensation to a third person for a wrongful act committed by his employee is entitled to reimbursement from such employee.

Section 429: Incapacitated

• A person, even though incapacitated, on account of minority or unsoundness of mind is liable for a wrongful act committed by him, The parents, or his guardian is jointly liable with him, unless they can prove of proper supervision.

Section 433: Animal

• If damage is caused by an animal, the owner, or who undertakes to keep the animal on behalf of the owner, is bound to compensate the injured party.

Section 448: Prescription (Statute of Limitation)

Tldr

Time limit for a claim for damages arising from a wrongful act:

• 1 year: Once you find out what happened and who is responsible, you have one year to file a claim.
• 10 years: No matter what, you cannot file a claim more than 10 years after the harmful act happened.

• The claim for damages arising from a wrongful act is barred by prescription
  • after one year from the day the wrongful act and person bound to make compensation become known to the injured party.
  • 10 years from the day when the wrongful act was committed.
• Except when criminal law provides a longer period.

Personality (Natural Person): The Civil and Commercial Law Code of Thailand

Section 15:

• Personality begins with the full completion of birth as a living child and ends with death.

Juristic (legal) person: The Civil and Commercial Law Code of Thailand

Section 65:

• A juristic person can come into existence only be virtue of the code or of other law:
  • Company (limited)
  • Registered (ordinary) partnership
  • Limited partnership
  • Association
  • Foundation

Contract of Sale: The Civil and Commercial Law Code of Thailand

Section 453:

• Sale is a contract whereby a person, called the seller, transfers to another person, called the buyer, the ownership of property, and the buyer agrees to pay to the seller a price for it.

Section 456:

• A sale of immovable property is void unless it is made in writing and registered by the competent official.
• An agreement to sale or to buy or the promise to sale or to buy as mentioned of the first paragraph is not enforceable by action unless there be some written evidence signed by the party liable or deposited or paid a part of some debts.
• The provisions of the foregoing paragraph shall be applied to a contract of sale of movable property where the agreed price is twenty-thousand baht or upwards.

Thai Electronic Transactions Act B.E. 2544

Section 9:

• Whenever a writing is required by law, it is not necessary that it be written by the person from whom it is required, but it must bear his signature.
• A fingerprint, cross, seal or other such a mark affixed to a document instead of signature is equivalent to a signature if it is certified by the signature of two witnesses.
• The provisions of paragraph two shall not be applied to a fingerprint, cross, seal or such other mark affixed to a document before the competent authorities.

Section 4:

• transaction: any act relating to a civil and commercial activity or carrying out of the affairs of the State
• electronics: application of an electron means
  • electrical: an electromagnetic, or similar nature
  • magnetic: a device in connection with an application
• Electronic transaction: a transaction in which an electronic means is used
• information: an incident or fact regardless of whether expressed in the form of a letter, number, sound, image or any other form capable of connotation by itself or through any means;
• data message: information generated, sent, received, stored, or processed by electronic means.
• electronic signature: letter, character, number, sound, or any other symbol created in electronic form and affixed to a data message used for approves the information;
• information system: a system of processing by using an electronic device for generating, sending, receiving, storing, or processing a data message;
• electronic data interchange: despatch or receipt of information by an electronic from computer to computer.
• originator: a person by whom the data message purports to have been sent or generated prior to storage before being sent pursuant. Whether such data message is sent by such person, or in the name of or on behalf, but does not include an intermediary;
• addressee: a person who is intended by the originator to receive, but does not include an intermediary.
• intermediary:a person who, on behalf of another person, sends, receives, or stores a particular data messages.

Section 7: Legal effect and enforcement

Information shall not be denied legal effect and enforceability solely on the ground that it is in the form of a data message.

Section 13:

An offer or acceptance in entering into a contract may be expressed by means of a data message. A contract shall not be denied legal effect solely on the grounds that such offer or acceptance is made in the form of a data message.

Section 14:

As between the originator and the addressee of a data message, a declaration of will or notice may be made in the form of a data message.

Section 22:

The dispatch of a data message is deemed to occur when such data message enters an information system outside the control of the originator.

Section 23:

The receipt of a data message is deemed to occur from the time when such data message enters an information system of the addressee.

However, if data message is sent to an information system of the addressee that is not the designated information system, it shall be deemed that the receipt of a data message occurs at the time when the data message is retrieved from that information system.

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Criminal Law Code of Thailand

Criminal Law Code of Thailand

Criminal Liability: Criminal Code

Section 59:

• A person shall be criminally liable only such person commits an act intentionally, except when the law provide (that negligence, …)
• To commit an act intentionally is to do an act consciously and doer desired or could have foreseen the effect of such doing
• To commit an act by negligence is to commit an offence unintentionally but without exercising or not do so sufficiently.
• An act shall also include any consequence brought by the omission to do an act.

Section 80:

• Whoever commences to commit an offence, even not carry it through or not achieve its end, is said to attempt to commit an offence.
• Whoever attempts to commit an offence shall be liable to 2/3 of the punishment provided for the offence.

Section 83:

• If an offense is committed by two or more people, all involved accomplices are considered principals and will be punished according to the law for that offense.

Section 84:

• Whoever instigates, by threat, hire, …, another person to commit an offense is said to be an instigator.

Section 86:

• Whoever does for any reason whatsoever as giving assistance or facility to any other person committing an offence, even not known by the offender, such assistant deemed to be a supporter and shall be punished by 2/3 of the punishment.

Defamation

Section 326:

• Whoever falsely accuses the other in a manner to impair the reputation or to expose to be hated or scorned, is said to commit defamation
• The offender shall be liable to imprisonment not exceeding 1 year or fine not exceeding 20,000 Baht, or both.

Section 328:

• If the offence of defamation is committed by means of publication.
• The offender shall be liable to imprisonment not exceeding 2 years or fine not exceeding 200,000 Baht, or both.

Punishments: Criminal Code

• Punishments for inflicting upon the offenders are as follows: ^24ed97
  1. Death;
  2. Imprisonment;
  3. Confinement;
  4. Fine;
  5. Forfeiture of property.

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