CAVIL AND COMMERCIAL LAW

  • Who can be a administrator of estate ?

    01 May 2014
    Any body of maturity, who is not bankrupt or Mentally incapacitated, can be appointed by The court to be an administrator of estate.Even a foreigner can be one . Two person are advisable to be appointed so that they can help And check each other for transparency. It is to be mindful that to embezzle the estate administered by him/her is a criminal offense.

  • Who is empowered to apply to the court for such an order ?

    01 May 2014
    Any body who has interest in the estate such as an heir or acreditor including the public prosecutors are entitled to apply to the court Having jurisdiction to handle civil cases, but not a magistrate court or a criminal court. To bring an administrator suit is quite easy and very cheap. You may spend not more than 50 US dollars inclusive of the lawyer fee and court fees to apply for such an appointment. The problem that arises very often is the dishonesty of administrator So the appointment of two or more may be helpful.You can be appointed an administrator yourself.

  • DO WE HAVE ADMINISTRATOR OF ESTATE HERE ?

    01 May 2014
    Yes, we do Moreover, an administrator of estate Is absolutely necessary here to handle the whole estate in order to distribute it to handle the whole estate in order to distribute it to the heirs. According to their rights. An administrator can be appointed either by the testator himself or by an order of the court. However the administrator appointed by the testator is not acceptable to all people. It gives rise to a lot of problems. The heir or interested person has to apply to court. For judicial order which is acceptable to all concerned. The administrator is a legal representative of all the heirs. He/she may show a certified coy of the court judgment to all people concerned in the estate administration like showing it to the land authorities for transferring the land estate to the heir/s or showing it to the bank officers to cash out estate money

  • Do we have trust under Thai law ?

    01 May 2014
    No, a trust is no longer allowed to be created here. However, the owner of property can organize a juristic entity such as a fund or foundation to take care of property donated and appoint a person to manage the property like a trustee for the beneficiaries prescribed .

  • HOW CAN A FOREIGNER ADOPT A CHILD TO BE HIS/HER?

    01 May 2014
    A foreigner is entitled to adopt a child in Thailand only When he/she is fully 25 and the child is 15 years younger than he/she. It is easy if the child is his wife But if not he may need to receive approval from the Thai authorities because the society is concerned about the child welfare. You may take the child to adopt it According to your law. The adoption and the termination must be registered with the Thai authorities or the authorities of the foreign country concerned with the consent of the child parents in case of a minor child. The adopted child has the same right as a legitimate child, particular to claim for maintenance from its adopting parent/s during childhood and is entitled to succeed its parents heritage

  • AND WHAT RIGHT CAN HE ENJOY ?

    01 May 2014


  • WHAT IS COMMON PROPERTY ?

    01 May 2014
    Common property consists of (1) the property acquired during marriage, (2)the property obtained through a will or gift mentioning it to be common property of both spouses ,and (3)fruits of personal property like the rents from a personal house of wife become common property

  • WHAT IS THE PERSONAL PROPERTY ?

    01 May 2014
    The personal property consists of (1) the property belonging to each of them before marriage,(2) property For personal use like dresses and professional tools of his or hers, (3) the property obtained by either of them through a will or gift, and engagement property Each spouse is the manager of his/her personal property.

  • HOW IS THE PROPERTY OF HUSBAND AND WIFE ?

    01 May 2014
    The property of husband and wife shall be in accordance With thai law only .There are two kinds of the property Between husband and wife: - Personal property of each spouse, and - Common property belonging to both of them.

  • HOW ARE THE CONDITION OF MARRIAGE UNDER THAI LAW ?

    01 May 2014
    The marriage in Thai law can be valid only if the parties are 17 years of age and none of them is spouse of another person .If the girl is still a minor, she have the consent of her parents who may give it to her in writing otherwise the parents are entitled to cancel the marriage. If They are mature, they can marry without the parents consent But neither of them is spouse of another person if she younger than 17,she has to apply for permission of court and marriage is valid only by registration with the Thai administrative authorities unless they go home to marry according to the foreigner law.

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