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Saturday June 24, 2017

If you are looking for some Laws of Thailand, in English, you came to the right place. It's often difficult if you can't read Thai to find out what you need. Our website is equipped with powerful search engines. With some efficient keywords, you should be able to find what you are looking for.

Remember that the constitution is the supreme law, the most important law of the country. Thailand has had many constitutions in its history. Another very important law is the Commercial and Civil Code. It regulates most of the life in Thai society, like marriage, property, inheritance, divorce, filiation, contracts, etc. However, some special laws may complete the Thai Commercial and Civil Code.

Laws can be amended or modified often. Don't hesitate to consult a professional if you need some real legal advice. This website is aimed only to circulate general information.

Family Law

Family law is a really big sector of law because it covers such domains as adoption, divorce, matrimony law, unwed couples or civil unions, Thai child custody, legal separation, etc. For example, in a divorce case, one must think about alimony payments, fair share of wealth and goods, family patrimony, child custody and the possibility of mediation or court proceedings. When a couple want to divorce while agreeing on such accessory matters, they can get their divorce at a low cost and still see that each person’s rights be respected. You might avoid costly court procedures and sometimes also avoid the inconvenience of having children or other people testify for you or against you.

Have a look at our articles about family law. We have included inheritance under Thai Law and living Wills in Thailand in this section. 

Corporate Law

Corporate law addresses moral people or companies. Do you want to create a Thai limited company (LLC), a partnership, a non-profit organization?  Do you know all the different types of enterprises, companies, and the effect of a choice between them, including fiscal effects, or what will happen in case of liquidation?

There is a variety of company structures, from the very simple to the very complex. Check our section BUSINESS. We have also included in this section articles and information about personal and corporate taxes, importation, exportation, work permits and other aspects related to business in Thailand.

 

 

Some Videos

Watch this short video about how foreigner can easily get married in Thailand.

Take a quick tour of how to register a Thai Limited Company.

Quick video about Thai Last Will and Testament.

 

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Real estate and property

In Thailand, the Commercial and Civil Code defines the essential guidelines about what constitutes property and its different forms. It is completed by several laws, like the Land Code, which are specific to some fields of Law.

This section regulates what the obligations of a buyer are or those of a person who sells real estate? Should you have a quality guarantee? Can a foreigner own land in Thailand? What about a house? What is a mortgage or other forms of priorities? What about condos? Are there special rules for foreigners? What about taxes? Who pays them and when do they have to be paid? What is a usufruct contract and how it can protect you?

To invest in an immovable property represents an important investment for you. You should consult specialists in order to get protection and peace of mind.

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Foreign ownership debate intensifies

"We have some regulations and processes to investigate illegality, but not that many. We must respect individual rights and assume individuals will not give fake statements to officials" - Anuwat Maytheewibulwut Director-general, lands department

By: KANANA KATHARANGSIPORN
Published: 15/06/2009 at 12:00 AM
Bangkok Post

The Lands Department does not have a policy to scrutinise acquisitions in which illegal use of Thai nominees on behalf of foreigners is suspected, says director-general Anuwat Maytheewibulwut.

 

Land ownership revocation cases mostly occur when a complaint or conflict is brought to the department's attention, he said.

 

"Each year there are 5.5 million land-related transactions handled by the department and we receive around 1,000 complaints," he said. "We have no time to check every transaction, but we will investigate when there's a complaint."

 

Mr Anuwat was responding after several sharp letters in the Bangkok Post over the past two weeks from readers who questioned the department's policy on land acquisition by foreigners. Some alleged it was xenophobic.

 

He said it was likely a misunderstanding that the department would scrutinise every transaction suspected to have a Thai nominee owning land for foreigners. In fact, an investigation will be initiated only if there is a complaint.

 

"There is nothing new in the Land Code for land acquisition by foreigners," he added.

 

"For purchases or transfers, we have some regulations and processes to investigate illegality, but not that many. We must respect individual rights and assume individuals will not give fake statements to officials."

 

According to the Land Code, a foreigner can legally acquire land by inheritance as a legal heir, and his or her land ownership must be approved by the Interior Ministry.

 

Alternatively, a foreigner must invest at least 40 million baht and maintain it for five years through investment in Thai government bonds, property mutual funds, or in share capital of a Board of Investment-promoted company.

 

Under these two criteria, a foreigner can purchase up to one rai of land for residential use. The department also allows foreign ownership up to 49% of saleable space in a condominium, said Mr Anuwat.

 

If a foreigner has a Thai spouse, either legitimate or common-law, and wants to buy land, the Thai spouse must give officials of the Lands Department a joint written confirmation that the money for the purchase is wholly separate property or the personal property of the Thai spouse, not jointly acquired property.

 

"If a foreigner has a conflict with his or her Thai spouse and makes a complaint on land ownership to the department, we will investigate," said Mr Anuwat. "If we find the ownership is illegal, we will ask them to transfer or sell that piece of land within 180 to 365 days."

 

If the transfer or sale cannot be made within a year, the department will use its authority to do it. Any legal dispute between the couple not involving land ownership must be resolved under civil law.

 

"Changing foreign land acquisition regulations such as an extension of the leasehold period to longer than 30 years or increasing foreigners' quotas to buy condominiums is a government matter. The department is always ready to carry out the government's policy," Mr Anuwat said.

 

He added that all foreigners who comply with the law will get full protection under the law.

 

"For anyone involved in land ownership on behalf of foreigners, what they should be sure of is concern for the nation, ethics and morality in applying the law to make sure they are good Thai citizens," he said.

 

Disclaimer

The content of this web site aims to circulate general information that cannot be considered as legal advice. Laws can change quickly and therefore it is impossible to cover all exceptions in detail. The information provided here is therefore without any guarantee concerning its exact meaning or its continuing validity. Our web site contains links to other sites. These links are provided for practical reasons only. We decline any responsibility concerning these web sites owned by others and we do not necessarily agree with their content. Anyone wanting to create a link to the present site may do so freely. We encourage distribution of legal information, as we encourage making it available to the general public, freely or at a low cost. But we also want to protect the product of our work and even our writings. Therefore, the content of the present web site may not be reproduced for commercial purposes, or another website, under any format without our express written consent. Translation using functions like "Google translation" might not fully be accurate. Isaan Lawyers provides professional legal services at reasonable costs in many areas of Thailand.