Civil actions in Thailand - Civil
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Civil actions in Thailand

Civil actions in Thailand involve cases in which one party sues another for the enforcement or protection of a right or for the prevention or remedy of a wrong. These range from business and property disputes, to personal domestic controversies, divorces or other civil wrongs where the rights of one party are breached. Lawyers at Juslaws prosecute civil claims on behalf of clients and also defend clients in claims brought against them. We represent our clients both in trials at the court of first instance and appellate courts. We work closely with our clients, designing specific strategies to meet their goals. As the costs of civil litigation can be high, we seek resolution through the various forms of alternative dispute resolution (ADR) whenever possible. The most common types of civil actions include, among others:

Defamation claims

In Thailand a civil and/or criminal case can be brought against a party for defamation. As defined in Section 423 of the Thai Civil and Commercial Code, civil defamation involves a statement made that is contrary to the truth, and which is asserted or circulated as being factual, resulting in injury to the reputation, credit, earnings or prosperity of the individual who is the subject of the statement.

Personal injury cases

In Thailand, when a person negligently or willfully causes injury to another person’s body, life, liberty, property, or right, the person causing the injury is bound to compensate the injured person for the damage caused. If the wrongful act was committed by or against a foreigner who is under Thai jurisdiction, a foreign element is then considered to be involved in the case and the Conflict of Laws Act comes into play.

Civil law jurisdictions

A general rule is codified and the process of applying the law then follows from the primary written law downward to the specific case at hand. The law in Thailand is not made by judges and the Kingdom does not recognize “case law” that is the basis of the legal system in common law jurisdictions. In practice, it is only possible to understand civil law in Thailand by taking into account Supreme Court judgments that are relevant to a case.

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CHRISTIAN MOSER

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christian.moser@juslaws.com

+66 2254 4117

NITHIRAT CHAYAAPICHAT

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nithirat@juslaws.com

+66 7630 4353