When litigating a civil case in Thailand it is important to understand the hierarchy of courts and the appeal process so that a litigant can better understand the steps involved and their rights to appeal a decision. At present, Thailand has a civil court hierarchy comprising three levels of courts, these are as follows: 1. The Courts of First Instance which comprise various courts in the Kingdom including the Civil Court, District Court, Provincial Court and various other specialized courts; 2. Appeal Courts; and 3. The Supreme Court of Thailand. In the past, Thai civil law granted the parties to a civil case the right to initially appeal their case from the Court of First Instance to the Appeal Court provided that they were appealing a question of law or a question of fact, subject to the condition that if […]
Ordinarily a company limited must hold its shareholder AGM within 4 months from the end of its financial year. Thus, for most companies with their financial year ending on 31 December, this means that they must hold their 2021 AGM by Friday April, 30. However, the Department of Business Development (DBD) has recently issued an announcement which gives more time for the holding of an AGM, the key details of this update are as follows: The permitted delay applies to juristic persons (including private limited companies) with their fiscal year ending between 26 December 2020 and 31 December 2020. Under this announcement an AGM can be adjourned for up to one month counting from the date originally specified for the original AGM, provided that the company submits a letter of explanation detailing the reason behind the delay, such as the […]
Dharmniti Law Office was honored to be invited by Dr. Duangjai Sinthusung, Senior Vice President of Bangkok Dusit Medical Services (BDMS) PLC to conduct an online training course for management staff of BDMS. The training course was held on February 24, 2020 and provided training on legal principles for developing employee relations in the organization. The course was run by one of DLO’s Alternate Directors, Mr. Wanvisa Silathong at the TeleHealth Center conference room located at Bangkok Hospital’s Headquarters. During the course, Mr. Wanvisa Silathong provided attendees with basic information on principles of criminal law which are relevant to developing employee relations in an organization. The training focused on work practices involving documents, property, information and relations between personnel.
On the 27th of February 2021, a royally sponsored cremation was held for Adjunct Professor Preecha Panichwong, the former Chairman of the Board of Dharmniti Public Company Limited at Wat That Thong. All Dharmniti staff humbly bid farewell to the spirit of Ajarn Preecha. Adjunct Professor Preecha Panichwong was born on the 1st of January 1926. He served as a judge in the the courts of justice and during his distinguished legal career he was appointed as the Deputy Chief Justice of the Supreme Court in 1985 and the Deputy Chief Justice of the Supreme Administrative Court in 2003. Adjunct Professor Preecha Panichwong was the Chairman of the Board of Directors for Dharmniti Law Office Co., Ltd. since 1990, in addition to being Chairman of the Board of Directors for Dharmniti Public Company Limited from 1994 until his death on the 9th of […]
In the current economic environment, many companies in Thailand are facing considerable challenges; in light of this, some companies may regrettably need to be dissolved and liquidated. This article will provide a basic overview of the dissolution and liquidation process including the main steps involved and key issues which shareholders and directors should be aware of before embarking on this course of action. Dissolution of a Company Limited In order for a company limited to be dissolved, it must have a suitable reason. Thailand’s Civil and Commercial Code (CCC or the ‘Code’) provides for various cases where a company may be dissolved, these are as follows: 1. If the company’s Articles of Association (AoA) provide for its dissolution in a certain case such as an event occurring; 2. If the company is established for a certain period of time then […]
Overview of the Entitlement over Immovable Property Act B.E. 2562 (2019) The Entitlement over Immovable Property Act B.E.2562 (2019) (the “Act”) was enacted on 30 April 2019. This legislation, which became effective on 27 October 2019 has created a new category of property rights in Thailand for the purpose of enhancing and developing investment in immovable property. This article shall examine this Act including how to initially register such rights, the rights that are granted to the holder (of the rights), rights retained by the owner of the asset and what type of immovable property can have such rights registered. Rights over the Immovable Property Asset The Act permits the legal owner of certain types of immovable property (as detailed below) to establish and register a transferrable right over their asset (the “Asset”) for a maximum period of thirty (30) […]
Defamation in Thailand: An Overview Defamation under the Criminal Code In Thailand, defamation is a criminal offense which is addressed under sections 326 -333 of Thailand’s Criminal Code (the “Code”). Under the Code, a distinction is drawn between two types of defamation, these are as follows: Slander/ Ordinary Defamation – This crime is covered under section 326 of the Code, where it provides that “whoever, imputes1 anything to the other person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned, is said to commit defamation”. This type of defamation is less serious than libel and basically covers situations where a person verbally damages/undermines another person’s reputation in front of another person (3rd person). Libel –This crime is addressed under section 328 of […]
When an employer is going to hire a new employee on a fixed term basis then there are several key things which it should be careful of in the contract to ensure that it is legally protected. This article shall provide employers with some tips on how to ensure a fixed term agreement is not interpreted as an ongoing employment agreement and as well as advice on how to ensure that employee allowances are not considered as wages when calculating severance pay under the Labour Protection Act (LPA). Tips to help ensure that a fixed term contract is not interpreted as an ongoing employment contract If an employer wishes to employ an employee on a fixed term basis rather than an ongoing basis then it should be careful of the following matters to ensure that the employment relationship is interpreted […]
Dharmniti Law Office is pleased to announce that in December 2020 it has joined the Association of European Lawyers (AEA) which is a professional network of lawyers spread throughout Europe and the world. The AEA was established in 2004 and now covers approximately 405 firms/ law offices with a total of around 3,000 lawyers. DLO believes that by joining the AEA it will better enable it to support its clients as it can provide suitable contact referrals to lawyers throughout the world. DLO looks forward to working with other AEA member firms and attending the future annual conferences.
In this article we shall examine several key aspects of contracts as provided under the Thai Civil & Commercial Code (the Code or CCC). We shall cover various issues such as offer and acceptance, the effect of contract, earnest and rescission of contract. Offer & Acceptance of a Contract under the CCC To begin with, we shall begin with key principles relating to the offer and acceptance of a contract. The CCC provides that if a party makes an offer to make a contract in which a set period for acceptance is specified, then the offeror cannot withdraw their offer within such period. Furthermore, if a party (offeror) makes an offer to contract with another party at a distance (i.e. not face to face and not over the phone) and such offer does not specify a period for acceptance by […]