• Find Legal Articles
Expert Witnesses

Thailand Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Thailand


What You Should Know When Seeking to Become a Thai National

  March 16, 2016     By Hughes Krupica
Practical points to consider when contemplating applying for Thai citizenship.

Recent Developments on Collateral in Thailand

  March 9, 2016     By Hughes Krupica
Some of the effects of the recently enacted Business Collateral Act.

Foreigners Married to Thais: Beware of Thai Condo Laws

  March 9, 2016     By Hughes Krupica
A practical look at a complication non-resident foreigners married to Thais may face when purchasing a condominium in Thailand.

Thailand Premarital Agreement: Love, Money, and Marriage

  February 29, 2016     By Virasin & Partners
The purpose of a premarital agreement is to determine the division of properties in the event of a divorce. Thailand premarital agreements are strictly controlled through legislation.

Basics of the Right of Superficies in Thailand

The right of superficies is found in Sections 1410 to 1416 of the Civil and Commercial Code. It is a right in land granted by the owner to the holder of the right, called the superficiary, in order to own structures built upon or under the land.

When Dogs Attack in Thailand: Torts, Crimes, and Property

When someone takes possession of an animal, that person can become legally liable for torts caused by the animal. And while most pet owners treat their cats or dogs like their children, in the eyes of the law, they are only property.

Usufructs Under Thai Law

The usufruct is a “real right” or interest in property that originates in Roman law and generally grants one person beneficial rights in the property of another for a certain period of time.

How to Evict a Tenant in Thailand

Evicting a Tenant in Thailand is not a simple matter. Leases are generally treated as a contract. There are procedures that need to be followed to terminate the contract.

Thai Environmental Law

Thailand has a complex web of laws and regulations which protect the natural environment. In particular, Thai industrial interests and property developers must contend with the requirement of preparing an environmental impact assessment report (“EIA”) when planning a new development that is likely to have an environmental impact.

Law, Life, and Society: Thai Businesses with Foreign Owners

There are restrictions to Non-Thais from opening most types of businesses.

Labor Protection for Illegal Foreign Workers in Thailand

Are the rights and protections granted to workers under Thai labor law applicable to foreigners who work in Thailand without a work permit? Despite the fact that such foreigners are working in Thailand illegally, Thai Labor Court rulings appear to support the policy that they are still protected under Thai labor law. Furthermore, although the Thai Supreme Court has not addressed the issue in substance, previous decisions of the Court also appear to support the aforementioned policy:

Tax Implications for Thai Companies Hiring Services Overseas

When a Thai company engages the services of another company, it must comply with a few tax obligations under the Revenue Code. It must withhold and remit a tax of 3% of any fees paid for services, it must itself pay a value-added tax of 7% on those fees, and the contract as well may be subject to a stamp duty depending on the transaction. But what are the implications for a Thai company that engages the services of a company overseas?

Normal Creditors and Secured Creditors in Thai Bankruptcy Law

Bankruptcy in Thailand is governed by the Bankruptcy Act of B.E. 2483 (1940) and allows bankruptcy status for both natural persons and juristic persons.

Marital Property for Foreign Spouses in Thailand

The Land Department of Thailand has special regulations that apply to the situation where a Thai national married to a foreigner wishes to purchase land.

Child Legitimation in Thailand

According to Section 1548 of the Thai Civil and Commercial Code, a father of a child born out-of-wedlock must make an official application in order to become the legitimate father of the child.

Recognition and Enforcement of an Arbitral Award in Thailand

Under Thai law, an arbitration award must be recognized and enforced by the judicial system.

Company Incorporation in Myanmar - 100% Foreign Ownership

The Republic Union of Myanmar laws and regulations are different in many aspects.

Thailand Trademark Registration and Infringement

Thailand Trademark Act B.E. 2534 amended Thailand Trademark Act B.E 2543 does not recognize trademarks registered in other jurisdiction. Therefore, in order to reap the benefits of the full force of the law a foreign Trademark has to be registered in Thailand.

Thailand Business Structures Incorporation

Most businesses are looking to Incorporate a Company in Thailand but do not meet the initial requirements. Below is a list of items to consider before you proceed to set up a company in Thailand.

Recognition of Foreign Judgments by Thai Courts

The recognition of foreign judgments by Thai courts is an issue likely to be of great interest to foreigners and Thai nationals alike. Its implications have consequences over a diverse array of legal matters, ranging from the enforcement of foreign judgments against Thai-domiciled businesses operating overseas to the recognition of foreign divorce or child custody judgments against Thai spouses who have returned to live in Thailand.

Thai Civil and Commercial Code: Corporate Directors’ Standard of Care

A director of a limited company in Thailand must be liable to the shareholders and the company itself when he or she conducts the business of the company.

The Exclusionary Rule in Thai Criminal Procedure

Section 226 of the Thai Criminal Procedure Code of B.E. 2477 (1934) prohibits, in a criminal case, the admission of evidence that is obtained by unlawful means.

Three Things You Need to Know About Business Formation in Thailand

In Thailand, business formation in Thailand is very expensive in order to comply with the rules and regulations set forth by the government. Many might have expected that it is going to be cheap, but it is more of a hassle than one could anticipate.

Overseas Service Businesses Under the Thai Foreign Business Act

The Foreign Business Act of 1999 generally restricts service businesses under Category (21) of List Three, with certain explicit exemptions such as hotel management services under Category (17). Furthermore, the Ministerial Regulation Re: List of Service Businesses Exempt from Requiring a Foreign Business License of B.E. 2556 (2013) also exempts certain businesses related to securities and investment from requiring a Foreign Business License.

Foreign Skilled Technicians and Experts Under the Board of Investment in Thailand

The Investment Promotion Act of B.E. 2520 (1977) allows three categories for foreigners to enter Thailand in addition to the standard immigration rules. Section 24 of the Act allows for foreigners to enter the country in order to survey investment opportunities. Section 25 allows foreigners who are skilled technicians or experts (and their dependents) to enter the country to work for a company that has been promoted by the Board of Investment (BOI).

Thai Business Visa Application

If you would like to work in Thailand, you would have to be aware about the immigration policies concerning work visas and work permit to avoid getting yourself in a pickle situation where Thai Immigration police detain or order your deportation.

Thailand – the Latest Developments in South East Asia

Thailand is recovering from historic floods that inundated the country on a scale never seen before. Drastic taxation measures helped to boost the economy in 2012. Despite uncertainty about the evolution of the global economy, the Thai economy is expected to rebound sharply with GDP growing by 5.5% in 2012 and 5% in 2013 (according to The World Bank).

How to stay in Thailand Long-Term with Thai Marriage Visa

Being a foreigner, you are required to obtain visa to stay in Thailand. If you are legally married to a Thai national,you can apply for the Thai marriage visa

Debt Collection in Thailand: Getting Your Money Back

Recovering an unpaid debt in Thailand is often a tricky task that can be made more distasteful when the debtor, whether it is Thai or a foreigner, refuses to settle even after numerous attempts. Many expatriates and even companies, who do business in Thailand, have run into difficulties with debt recovery.

Americans Require a Will While Living Abroad. Case of Thailand

Advancement of modern technology allow people to migrate effortlessly across borders in increasing numbers in this century. People live and work outside their home country, and some adapt to their adopted homes by having their families abroad. Expatriates have a unique myriad of concerns about their assets in their adopted country in the event of death. The inevitable question is: Do I need a will while I am living abroad?

Essential Information in Doing Business in Thailand

  By Tila Legal
Doing a business in Thailand is now profitable for most investors. It has a very stable economic condition which is favorable for many businesses. Aside from this, the strategic location of Thailand is another factor that makes business in Thailand advantageous. There are many things that are needed in applying business registration in Thailand. Before applying for business registration in Thailand you must choose the type of operation that you wanted for your company.

Expat in Thailand Need to Make a New Will

  By Tila Legal
Will and testaments give you a chance to divide your property according to your own free wish without any ones interference from some external body; on the other hand if you die without a will, your property, land and other physical assets are divided by the government based on pre-decided rules and regulations.

OSOS and OSSC Revisited

More than two years ago Thailand decided to concentrate several governmental services for foreign investors at one place in Bangkok. In the meantime, Thailand has gone through ups and downs. Therefore, it is justified to make a judgement in 2012 whether the formation of this one-shop-solution has been accepted and adopted by foreign investors.

5 Approval Determinants of the UK Visitor Visa

Securing approval for the UK visitor visa does not solely rely in satisfying all the documentary requirements. There are other factors that applicants from Thailand should consider. Usually, these aspects readily determine the application’s success.

UK Tourist Visa Applicants Confront Age Gap Issues

Age gaps between the petitioner and beneficiaries hardly affect UK tourist visa applicants. This shall be considered only if the couple is applying for a UK settlement visa.

Limitations on Marriage in Thailand

The Civil and Commercial Code (CCC) of Thailand is the main source of legislation which provides who may and who may not get married under Thai laws.

Australian Tourist Visa For Thais

Basically, there are two Australian visa options that would permit the entry of Thais who intend to explore the country or pay a visit to their Australian relatives. These are the tourist visa and the sponsored family visitor visa. While the two (2) share similar functions, they are nonetheless different in terms of the applicants that they cater to.

K-1 Visa In Thailand

A K-1 visa, also known as a Fiancé Visa, is the permission to enter the United States given to a foreigner fiancé of an American Citizen. Therefore, in the case of a Thai fiancé, he/she shall be granted this type of visa if his/her American partner first files Form I-129F, Petition for Alien Fiancée, in the U.S. Said petition, if granted, enables the Thai fiancé to file the corresponding application for a K-1 visa in his/her home country.

Determinants of Child Support in Thai Divorce

Divorce in Thailand is coupled with many other concerns. These concerns do not only involve the divorcing partners themselves, but their children as well. One issue in divorce which involves children is child support.

The Establishment and Termination of Guardianship in Thailand

Parental authority is automatically vested in the natural parents of a minor. There are, however, instances when parental authority is delegated to other persons.

Personal Injury Claims in Thailand

What is Personal Injury? Personal Injuries can be physical (such as bodily injury, loss or damage of property) or psychological (such as mind, liberty). The most common claim in a personal injury case is negligence.

Thai Laws on Paternity

The relationship that is established by law between a father and his child is called paternity. Paternity in Thailand is presumed in a valid marriage. Therefore, a child born out of a valid Thailand marriage is considered the legitimate child of the husband.

Wills and Living Wills Distinguished

Wills and living wills are two different terms which refer to two different things in Thailand.

Foreigners Adopting in Thailand

Foreigners who want to adopt a child in Thailand must understand that adoption is processed through the Child Adoption Center of the Department of Social Development and Welfare (DSDW). The DSDW is the sole government agency that is tasked to facilitate the adoption process in Thailand.

Understanding the Various Grounds for Thai Divorce

Couples who cannot resolve their marital problems can decide to end their marriage by getting a divorce. But not all marital issues can be used as grounds for a divorce. Section 1516 of the Thai Civil and Commercial Code provides the legally acceptable grounds for divorce in Thailand.

What Does the Building Permit Have to Do with Legal Ownership of a Building?

You might have heard something like the following all too common assertion: “the party named in a building permit is considered to be the owner of the that building.” To have heard such may have been particularly disturbing to many foreigners who are allowed to legally own buildings in Thailand.

A Foreigner Can Legally Own Some Thai Land

It is a common misunderstanding that foreigners are per se restricted from owning land in Thailand. One of the most interesting exceptions from the restrictions of foreign ownership of land in Thailand has been enacted for foreigners who bring at least Thai baht forty million equivalent into Thailand for certain prescribed investments.

Amity Company: The Thai Company without Thais

The Foreign Business Act (1999) of Thailand (the "Act") generally restricts foreigners from engaging in most business activities in Thailand, without special permission as provided by the Act. Serious violations of the Act by a foreigner or facilitated by a Thai carry significant criminal penalties.

Taxation of Personal Rental Income

Many purchasers of real estate in Thailand are not using their newly purchased home as a permanent personal residence. Such assets are often meant to be used as a holiday home only and are unoccupied for the remainder of the year. This article will discuss the taxation of individuals who own real estate in Thailand and who receive rental income from renting out the property.

Capital Gain and More Than Your Company Bargained for

What people commonly suspect in the Thai real estate market is that if a company sells immovable property such as land it is subject to a specific “capital gains tax” or that the sale of that land is taxed at the corporate income tax (“CIT”) rate of 30%. However, such is not necessarily the case.



Contact a Lawyer

Find a Local Lawyer