Month: January 2021

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 […]