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DCO Thailand

Thai Law for Foreigners
กฎหมายไทยสำหรับชาวต่างชาติ

The Thai Legal System Easily Explained
หนังสือกฎหมายไทยที่อธิบายเป็นภาษาชาวบ้าน

Benjawan Poomsan Becker, Roengsak Thongkaew
เบญจวรรณ ภูมิแสน เบคเกอร์, เริงศักดิ์ ทองแก้ว


Format: Paperback 198 pages
Date of publication: 2008
Publisher: Paiboon Publications
ISBN: 9781887521574

Thai Law for Foreigners introduces you to the history and development of Thai law, the structure of Thai government and the Thai court system.

Explains legal procedures in Thailand for both criminal and civil matters, how to choose a lawyer, Thai lawyer's ethics and how to work with lawyers and interpreters.

Answers questions on family and personal matters such as Thai citizenship, engagement and dowry, prenuptial agreement, wedding ceremony, making a will, and divorce procedures.

Gives information on living in Thailand, and contains lots of useful information in the reference section and a glossary of the English and Thai legal terms used in the book.

This book will help you save time, money and the frustration of doing research to find out what you need to know about Thai law. It is written in plain language for common people to understand in both English and Thai.

กฎหมายไทยสำหรับชาวต่างชาติ แนะนำประวัติและวิวัฒนาการกฎหมายไทย โครงสร้างของรัฐบาลและระบบศาลไทย อธิบายขั้นตอนกฎหมายไทยทั้งทางอาญาและทางแพ่ง วิธีการเลือกทนายความ จรรยาบรรณของทนายความ การใช้บริการของทนายความและล่าม ตอบคำถามด้านครอบครัวและเรื่องส่วนบุคคล เช่น เรื่องสัญชาติไทย การหมั้น ข้อตกลงก่อนแต่งงาน พิธีแต่งงาน การทำพินัยกรรม และการหย่าร้าง ให้ข้อมูลเกี่ยวกับการใช้ชีวิตในเมืองไทย พร้อมข้อมูลหลากหลายที่เป็นประโยชน์ในส่วนอ้างอิงและคำศัพท์กฎหมายอังกฤษ-ไทยที่อยู่ในเล่ม

หนังสือ "กฎหมายไทยสำหรับชาวต่างชาติ" เขียนเป็นทั้งไทยและอังกฤษด้วยภาษาที่เข้าใจง่าย ซึ่งจะช่วยให้คุณประหยัดเวลาและเงินในการค้นหาข้อมูลที่ต้องการเกี่ยวกับกฎหมายไทย

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Well I have ordered a copy a review will follow.

Richard

Me too

Looks like you beat me to it! Look forward to the review(s).

I bet it's a real page turner

It's about absorbing knowledge, awareness and an understanding of a subject often discussed here (for the benefit of others) ... not entertainment

From reading T-UK as well as other sites, it's clear that this is a subject fraught with danger for the unwary and a review by those with a legal expertise as to it's value for those like me would be welcome.

Preferably before the end of March please!

quote:

I bet it's a real page turner

It's a welcome break from from "Tolley's Taxation of Trusts" and the like...

I wonder if there is a section on motoring law e.g. riding your motor bike in the correct direction and how to get receipts for those special payments

Seriously if it helps with cultural understanding then all the better. The forum almost needs a section on property ownership for example.

It should be an interesting read from a legal point of view, but, as with all things Thai, you never know exactly where you stand.

Sometimes I get the impression that the law in Thailand is often a mere 'guide', a suggestion of what you might expect - but not necessarily what you are entitled to as of right.

Given its wide scope, I'm not sure this book will offer too much in the detail especially considering it is only 198 pages long and that it is written in both English and Thai.

it might be interesting to hear things from a thai point of view, i have lost count of the number of times i have been lectured with that well known phrase "its the thai way"

Tobias

You say "Sometimes I get the impression that the law in Thailand is often a mere 'guide', a suggestion of what you might expect - but not necessarily what you are entitled to as of right"

Is this not the same here in the UK? Otherwise there wouldn’t be so many legal professionals (nice pic by the way!) earning a fortune arguing over what it the rest of us think is an open and shut case.

I wouldn't say so my-pen-write. In the UK the law is consistent, we know what the law is, we know what the interpretations are, we know how the judiciary and the lawyers will act and deal with matters in both civil and criminal cases. Those charged with the responsibility in making decisions and applying the law in everyday life tend to do so based on law and fact. If they get it wrong, it can be challenged through the courts.

The contentious issues are usually down to a differing opinion on the reliability of evidence provided by the parties. Yes, there are sometimes arguments on issues of law regarding the application of the evidence but the greatest area of dispute (here in the UK) is almost always on the actual facts presented, that is where the vast majority of the arguments arise. So here the law itself is steadfast and consistent but it is the evidence in support that needs to be challenged to ensure the court can reach the correct decision. What appears to you to be an open and shut case may not necessarily be so in law based on the evidence submitted, that is why there is a court case where the evidence can be 'challenged' by the parties and then once the facts are established the law can then be applied.

My reference to Thailand was (and rather tongue-in-cheek I might add) that often the law applied there is the law made-up or 'guessed-at' at the time the person with responsibility makes their decision - just read some of the horror stories of those applying for their Thai visa extensions, and those who are working illegally in bars etc. The law may be written down on paper, but those who are charged with enforcing the law do not always give it as much 'attention' as one might think they should.

This book tells you all you everything and nothing about Thai Law.

Let me explain.

After a brief run through the history of Thailand and its kings the constitution is set out as is the legislative, executive and judicial structure. Fair enough. Then the fun starts
“What to do and where to go in Court."
"Unless you are a court officer or work in the legal profession, you don't want to go to court in Thailand...... Thais consider going to Court bad luck....."

This is probably sound advice given that the 149 substantive pages include two narratives of going to Court ( John was escorted into the courtroom by a policeman he was barefoot and chained at the ankles....).

There are interesting snippets scattered around in the English language section such as the differences in bail rates for government officials and ordinary people for various offences.

But let’s get to the nitti gritty here. I do not buy a book about Thai law to be told how to receive money Western Union or that some banks might like to see my passport before opening an account others might not. That rents will be more expensive downtown than in the suburbs is not news to me and the advice not to leave my ipod unsecured and cash laying about in my apartment because I may be burgled is sound but hardly legal.

What does this book tell us?

Tax: You pay it on earnings in Thailand there is a lot of paperwork to deal with and all the documents are in Thai.

Parking: Restrictions may apply they are written in Thai.

Wills. It is important you make one to dispose of your property etc in Thailand and to avoid disputes amongst heirs and beneficiaries. The disposition of the the will is governed by the Civil and Commercial Code. But whilst Thai Courts are not bound by ite ( the will )....it is your best opportunity to explain your desires and intents. I am confused. Is my will binding or subject to challenge?

Marriage and Divorce. The procedures are set out but the interesting stuff like who gets what on divorce is glossed over " it is complicated you will need to hire a lawyer..."

Amongst the reference section are translations of a house rental agreement ( interesting ) a translation of a subpoena ( not particularly useful as the book keeps telling us to hire a lawyer), a list of Celebration days and the last 24 prime ministers( interesting but nothing to do with the law and ) and charts listing the ranks of army, navy, airforce and police officers. I presume that that these charts will be helpful after a trafic accident ( " the procedures will be slightly differnt to those you are used to in your home country" ) and I find I have dented the fender of a Police General.

To summarize

" Don’t ever get into a road rage incident practice your meditation instead"

Thai Lawyers are governed by a ethical code found in S 51 of the Lawyers act 1951 and one of the stipulations for example is that he cannot "claim that he has more knowledge than other lawyers" or "decieves a client that he would win a case whilst knowing he would lose." but "individual lawyers may or may not follow the code"

Conclusion.

Dear Foreigner . You are a foreigner. Pay a lawyer. "You get what you pay for". "Photocopy everything you give your lawyer and keep copies". You are a "guest" here and "you will be treated as a guest forever no matter how long you live in Thailand ". Remember "it’s unlucky to go to Court."

ps you can divorce your wife if she commits adultery but she can only divorce you if you have treated or honored another woman as your wife. Same same but different it seems.

Thanks for that Richard, when my copy arrives it will not be opened and sent back under the provisions of the Supply of Goods and Services Act

What an absolute waste paper

quote:

Originally posted by Tobias:
Thanks for that Richard, when my copy arrives it will not be opened and sent back under the provisions of the Supply of Goods and Services Act

What an absolute waste paper

From the authors.

"There may be minor discrepancies in numbers,names, or details in this book, since different sources use different descriptions. However, we used the data from the most credible sources we could find ... we appologise if some of the information in this book is inconsistent; this will be improved in our next addition."

I think I would make an excellent Thai Lawyer

Richard

It rather makes my earlier post quite apt ...

quote:

Originally posted by Tobias:
It should be an interesting read from a legal point of view, but, as with all things Thai, you never know exactly where you stand.

Sometimes I get the impression that the law in Thailand is often a mere 'guide', a suggestion of what you might expect - but not necessarily what you are entitled to as of right.

Given its wide scope, I'm not sure this book will offer too much in the detail...

When I wrote that, I didn't think it would be quite as accurate as it's turned out to be

TIT

Actually the service ranking charts could be quite useful-to ensure the "connection" you know outranks the "connection" your opponent knows!