Child custody in Thailand is decided based on the best interests of the child, not parental preference. This article explains the seven key legal factors Thai courts consider when determining custody rights, including the child’s age, primary caregiver, parental conduct, living environment, and the child’s wishes under Thai family law.
Bail in Thai Criminal Courts is governed by judicial discretion, balancing the presumption of innocence with risks of flight, interference with evidence, and public safety. This article explains the legal framework, court criteria, bail amounts, acceptable securities, and practical strategies for obtaining temporary release under Thai criminal procedure.
The amendment of pleadings under Thai Civil Procedure allows parties in civil litigation to correct errors, clarify claims, and address newly discovered facts, subject to strict legal limitations and judicial discretion. This article explains the governing principles, statutory framework, timing requirements, and strategic considerations relevant to amending statements of claim and defence in Thailand.
Early judicial determination under Section 24 of the Thai Civil Procedure Code allows Thai courts to resolve civil disputes based solely on legal issues without proceeding to witness examination. This article provides an in-depth academic analysis of the legal principles, procedural requirements, judicial discretion, and strategic implications of invoking Section 24 in Thai civil litigation.
Accomplice witness testimony plays a critical role in Thai criminal proceedings, particularly in cases involving multiple defendants. This article examines the legal principles governing its admissibility, credibility, and judicial assessment, explaining when Thai courts may rely on such testimony and why corroborating evidence is essential to ensure fairness and prevent wrongful convictions.
This article provides an in-depth legal analysis of hearsay evidence under Thai law, examining its definition, general inadmissibility, statutory exceptions based on necessity and reliability, and how Thai courts assess and weigh hearsay evidence in civil and criminal proceedings.
Hearsay Evidence under Thai Law: Legal Principles, Exceptions, and Judicial Assessment Read More »
Spousal maintenance (alimony) under Thai law is not automatic and depends on strict statutory conditions, procedural requirements, and judicial discretion. This article provides a comprehensive legal analysis of eligibility, court considerations, and termination of spousal maintenance in divorce cases in Thailand.
Victim Compensation under Section 44/1 of the Thai Criminal Procedure Code allows crime victims in Thailand to claim civil damages directly within criminal proceedings. This legal mechanism eliminates the need for separate civil litigation and provides a more efficient path to justice, financial redress, and enforcement of compensation following a criminal conviction.
The Preliminary Examination in Criminal Cases in Thailand is a crucial judicial screening mechanism that determines whether a criminal complaint has sufficient factual and legal grounds to proceed to trial. This article explains the legal framework, procedural requirements, evidentiary standards, and strategic considerations relevant to complainants, defendants, and legal practitioners.
Keyword is a powerful but often overlooked legal mechanism under Thai family law, allowing spouses to revoke property transactions made during marriage without the need to prove fault or misconduct. Governed by Section 1469 of the Thai Civil and Commercial Code, this provision reflects the legislature’s recognition of the unequal bargaining dynamics inherent in marital relationships.
This article, prepared by a Lead law firm in Bangkok, provides an in-depth academic and practical analysis of the legal principles, scope, limitations, and procedural considerations surrounding revocation of inter-spousal property transactions. It also examines the protection afforded to third parties acting in good faith and the enforceability of contractual waivers.
Designed for both legal practitioners and individuals with significant assets, this guide offers authoritative insight into one of the most consequential yet misunderstood areas of Thai marital property law.
