Background history of the legal system

The Kingdom of Thailand (known as Siam until 1939) is the only South-
East Asian nation to have remained independent of colonial authority
throughout its history. The absolute monarchy was replaced with a
constitutional monarchy in 1932, and Thailand has since made numerous
attempts to establish a modern system of democratic government.

The Kingdom of Thailand is a civil law country with strong common law
influences. Modern Thai law dates back to the reign of King Rama V (1868-
1910), who enacted many reforms of the Thai legal system, such as the
elimination of trial by ordeal, and the establishment of the Ministry of Justice
and the first law school in Thailand. King Rama V (also known as King
Chulalongkorn) also began the process of codifying Thai law, and the Thai
Penal Code was enacted in 1908. Many of these reforms were overseen by
King Rama V's fourteenth son, Prince Rapee Pattanasak, who is considered to
be the father of the modern Thai legal system. The codification and
modernization/westernization of Thai law were continued under the reigns of
King Rama VI (1910-1925)

Thailand has a predominantly civil law legal system, but it is a hybrid of

many influences. Thai law has its traditional bases in ancient Hindu Code of
Manu, modified to conform to local custom. During the 19th century, the
Siamese legal system was developed to model the French civil system, and is
thus primarily statute based, with major Codes resembling those of European
civil law jurisdictions. Common law features are also evident-such as the
separation of powers, as are the ancient Hindu traditions.

Under the Constitution, the system of government of Thailand is based on

the common law Westminster system, and divided between executive,
legislative, and judicial branches. The King is the Head of State.

TRAINING OF LAW IN THAILAND

Starting legal education
Legal education in Thailand is an undergraduate programme. To enter, it is
compulsory to take the National University Entrance Examination conducted
by the Ministry of University Affairs.
Choosing a place for legal education
One can choose between Private universities, Public universities and Open
universities.
Different types of certification/qualifications
There is the 4-year Bachelor of Laws (LL.B.) course; the 1-year Master of
Laws (LL.M.) programme, and the doctoral programme (Ph.D), typically a 3-
year course.
Curriculum
Lectures are conducted in Thai, and faculty members are graduates of foreign
law schools. Students are required to choose an area of specialisation in their
third year of study, either Business Law, Public Law, International Law, or
Civil and Criminal Law.
Specifically is in the bachelor's training program divided into 4 groups: General
subjects; subjects compulsory schooling; specialized subjects and elective
subjects; at the same time have focused to specialized training such as law
commercial, international, civil and criminal law work, especially majoring in
public law is a new point. The top schools all pay attention attach importance
to specialized training law, both academically and responsively social changes
in the social context Simultaneously enter and train the bachelor of law course
in English, has great competitiveness with the foreign university
Bachelor of Law training in Thailand focuses on output, that is, providing
skilled law professionals to meet the requirements of society, so a law graduate
must be able to work immediately, be practice many practical skills and solve
situations without imposing heavy learning on theory. Students in the final term
can participate in internships at legal practice and consulting centers (Legal
Clinic). This is an advantage compared to training a bachelor of law in Vietnam
and is also a model for many foreign legal aid projects to be promoted at major
law schools and law universities in the country today.
Recent reforms
The government's desire to promote foreign direct investment in Thailand has
prompted a reform of local university curriculum to meet the changing
international demands.
The curriculum is also changing from a more traditional to a more student-
centered one where law lecturers prepare their lesson plans with case studies,
activities and effective evaluation.
Necessary Requirements for Practice
As set out in the Lawyer's Act, lawyers have to fulfill a set of conditions to
obtain a license. In addition to the LL.B., law graduates are required to be Thai
nationals, cannot be a government official, and must pass an exam for a lawyer
license. On passing the Lawyers Council examination, one can apply for
permission to practice law.
 Unlike Vietnamese law, when you want to become a lawyer in
Thailand, you must be a Thai citizen, which is special compared to
Vietnamese law.
LEGAL OCCUPATIONS IN THAILAND
The legal profession in Thailand is divided among various types of
professionals. The professionals involved are "First and Second class lawyers"
(distinction has since been abolished), "Notaries" and "Foreign Practitioners".
First and Second Class Lawyers
The main distinction was that first-class lawyers could practice throughout the
country while second-class lawyers could only practice in ten provinces
specified in their licenses.
Notaries
In Thailand, public documents, such as birth and marriage certificates need to
be verified, witnessed and certified by a notary, a public official who legalizes
documents by his hand and official seal.
To become a notary, a Thai lawyer is required to complete a legal training
course by the Lawyer's Council of Thailand.
There have been reported instances of unlicensed notaries in Thailand, and the
public has been advised to be cautious in dealing with notaries.
Foreign legal practitioners
Foreigners are not allowed to formally practice law. Instead foreigners work as
"consultants", mostly on transnational cases.
Foreign practitioners provide a valuable service to their clients which the local
lawyers cannot. Moreover, they impart valuable knowledge on foreign laws to
their Thai colleagues.
Requirements
The main criteria for law graduates intending to be judges are: At least 25 years
of age, an L.L.B., a Barrister-at-Law degree from the Bar Institute, and two
years’ experience in the legal profession. Judge trainees then undergo training
courses and serve as judges’ assistants for not less than one year.
Types of Judges
There are four types of judges in the Thai system – career judges, senior
judges, associate judges and Datoh justices.
Public Prosecutors Committee
The Public Prosecutors Committee has crucial role in the appointment of
Public Prosecutors. It is charged with:
 1. Appointing and removing the Prosecutor General upon approval
of the Senate.
2. Approving the appointment, promotion, salary increments,
transfers, removal and punishment of public prosecutors.
Political involvement
Judiciary
The Thai judiciary plays a key role in Thai politics.
Sources of Thai Law
1. The Constitution
The Kingdom of Thailand is a constitutional monarchy, and the
Constitution is the supreme law of the country.  The Constitution is a
lengthy document and provides for the powers of the King, the National
Assembly, the Council of Ministers, the Courts, and Constitutional Organs. 
The Constitution also includes provisions outlining the rights, liberties and
duties of the people, and enumerates directive principles of fundamental
state policies relating to e.g. national security, social and cultural affairs,
foreign affairs, the economy and the environment.  The Constitution may be
amended by vote of more than one-half of the members of the National
Assembly, with the approval of the King, or if the King shall not approve
the amendment, by vote of not less than two-thirds of the members of the
National Assembly.  Amendments changing the form of government are not
permitted.

2. Codified Laws
The fundamental laws that form the backbone of Thai law have been
codified into four codes:  the Civil and Commercial Code, the Penal
Code, the Civil Procedure Code and the Criminal Procedure Code.
 
The Civil and Commercial Code includes provisions relating to general
principles, obligations, contract law, property law, family law and the
law of succession.  The provisions relating to general principles are
particularly significant because they are often applied to laws outside the
Civil and Commercial Code.
The Land Code (1954) was the first major legislation systemizing land
laws in Thailand.
 

3. Acts, Treaties and Administration of Laws

Many important social and economic laws are embodied in acts, which are
laws adopted by the National Assembly, either with the approval of the King
or, in the event that the King does not approve a bill, with the approval of at
least two-thirds of the members of the National Assembly.
Under the current Constitution, the King may enter into treaties with other
countries and international organizations, but treaties that change the territories
over which the Kingdom of Thailand has sovereignty or jurisdiction require the
enactment of an Act for their implementation. Any other material treaties must
be approved by the National Assembly.
4. Judicial Decisions
Thailand is not a common law jurisdiction and judicial precedent is not binding
on lower courts. The Supreme Court of Justice is not bound to follow its own
decisions, and lower courts are not bound to follow precedents set by higher
courts. In practice, however, the decisions of the Supreme Court of Justice do
have a significant influence on the Supreme Court of Justice itself and lower
courts. Supreme Court decisions are printed on a regular basis and distributed
to law libraries and private subscribers.

5. Primary Sources of Thailand Law

Government Gazette : All Acts, Royal Decrees, Ministerial Orders, Regulations
and official government notices are published in the Government Gazette.
Codes, Acts, Treaties and Judgments
Constitutional Court ,Court of Justice

Court system

Judicial Branch

The Courts have responsibility for trying and adjudicating cases.  The
constitution expressly provides for four types of courts:  the Constitutional
Court, the Courts of Justice, the Administrative Courts and the Military Courts.
2.3.1. The Constitutional Court
 
The Constitutional Court has eight members, who are appointed by the King
with the advice of the Senate, and serve one nine-year term.  The members of
the Constitutional Court consist of three judges of the Supreme Court of
Justice, elected by the general assembly of the Supreme Court of Justice, two
judges from the Supreme Administrative Court, elected at a general assembly
of the Supreme Administrative Court, and four individuals (two experts in the
field of law and two experts in a field of social science) nominated by a
selection committee and approved either by a two-thirds vote of the Senate or,
if not approved by the Senate, by the unanimous vote of a selection committee. 
The judges of the Constitutional Court elect one of their members to be the
President of the Constitutional Court.  The Constitutional court has an
independent secretariat with autonomy in personnel administration, budgeting
and other activities.
 
The Constitutional Court has jurisdiction to determine whether the provisions
of any law, rule or regulation are contrary to or inconsistent with the
Constitution.  Decisions of the Constitutional Court are not subject to appeal by
any other court.
The Courts of Justice
 
Courts of Justice adjudicate all cases except where otherwise specified in the
Constitution or other laws.  There are three levels of Courts of Justice:  Courts
of First Instance, Courts of Appeal and the Supreme Court of Justice.  The
Courts of Justice have an independent secretariat with autonomy in personnel
administration, budgeting and other activities.  Judges in the Courts of Justice
are appointed and removed by the King with the approval of the Judicial
Commission of the Courts of Justice.
 
The Supreme Court of Justice
 
The Supreme Court of Justice has jurisdiction to hear and adjudicate appeals
from the Courts of Appeal and from the specialized courts of the Courts of First
Instance.  The Supreme Court can hear appeals on questions of law and, in
certain cases, on questions of fact.  The Supreme Court of Justice has original
jurisdiction in cases involving the removal or revocation of the right to vote of
members of the National Assembly.
 
The Constitution provides that the Supreme Court of Justice shall have a
Criminal Division for Persons Holding Political Positions to hear cases brought
by, or against, members of the National Counter Corruption Commission. The
Supreme Court of Justice also has original jurisdiction in those cases.
 
The Supreme Court of Justice has many other divisions dealing with specific
types of cases.  A quorum consists of three judges, but for exceptional cases, a
plenary session (with a quorum consisting of a majority of the judges of the
Supreme Court) may be called.
 
The Courts of Appeal
 
The Courts of Appeal consist of the Court of Appeal and nine regional Courts
of Appeal.  They have jurisdiction to hear and adjudicate appeals from
judgments and orders of the Courts of First Instance, and can hear appeals on
both questions of law and fact.  In addition, the Courts of Appeal have original
jurisdiction in cases involving the removal or revocation of the right to vote of
any member of a local assembly or any local administrator, and the judgment
of the Courts of Appeal in such cases is final.  A quorum of three judges
generally hears each appeal.
 
The Courts of First Instance
 
The Courts of First Instance are the trial courts.  There are three types of Courts
of First Instance:  general courts, juvenile and family courts, and specialized
courts.  General courts have jurisdiction over criminal and civil cases, and are
divided into Civil Courts, Criminal Courts, Provincial Courts and Kwaeng
Courts.  The juvenile and family courts hear and adjudicate cases involving a
minor, and consist of the Central Juvenile and Family Court, the Provincial
Juvenile and Family Courts, and the Division of Juvenile and Family Court in
the Provincial Courts.  The specialized courts consist of the Labour Court,
the Tax Court, the Intellectual Property and International Trade Court, and
the Bankruptcy Court.  Juries are not used in trials.

The Administrative Courts

 
The Administrative Courts have jurisdiction to try and adjudicate cases
between (i) a government entity or official and (ii) a private individual or
another government entity or official.  Such cases must be a consequence of the
exercise of an administrative power under the law or a consequence of a pursuit
of an administrative act by a government entity or official. Administrative
Courts do not have jurisdiction over the direct exercise by a constitutional
organ of powers granted to it under the Constitution.  The Administrative
Courts have an independent secretariat with autonomy in personnel
administration, budgeting and other activities.
 
2.3.4. The Military Courts
 
The Military Courts have jurisdiction to try and adjudicate criminal cases
against persons subject to the jurisdiction of the Military Courts.
Typical of law that you are interested in

Thai law does not have separate leasehold laws, meaning lease as a real
property right separate from normal hire of property laws. A property lease in
Thailand is in the first place a tenancy contract governed by the section hire of
property (sections 537 to 571) of the Civil and Commercial Code. One of the
drawbacks of hire of property laws in Thailand is that a lease agreement is a
personal contract right of the lessee and therefore automatically terminated
upon his death. Thai law does not give the lessee's heirs an automatic right to
inherit the leased property, and for the same reason the lessee is not allowed to
sublease the property or assign ('sell' the remaining term of the lease) without
permission of the owner. A lease agreement is not terminated upon death of the
owner (section 569) but death of the owner does terminate all options in the
lease agreement which are personal to the owner (e.g. renewal option). Death
of the lessee could lead to a permanent ending of the lease and death of the
owner or transfer of ownership could lead to the lessee ending up with a
contract that is only partly enforceable by legal action against the new owner
(as a third party to the contract).

A lease in Thailand can be registered for a period not exceeding 30

years, When the fixed registered term runs out the lease automatically comes to
an end. Some real estate leasehold sale contracts aimed at foreigners suggest
longer terms and more rights than are possible and enforceable under Thai hire
of property laws. These contracts between the seller and the leasehold buyer
can be complex and must at least separate ownership of the house from the land
and often include additional 30-year lease terms and the option in the contract
(or addendum to the contract) to transfer the land to a freehold title. Legally
this remains a contract structure between 2 or more parties only (not
registered on the land (property) title and as a contract only binding between
the parties). These contract structures are not protected by Thai law and could
be considered void and illegal because foreigners are prohibited from owning
land and leases cannot exceed 30 years.
Note that under new land office regulations (2008) the land offices must
refuse registration of a lease agreement with obvious void or illegal provisions
such as a foreigner's right to transfer land to freehold title and pre-paid 30-year
renewal terms. For this reason these provisions are now often made in a
separate addendum to the lease (a part of the lease arrangement not registered
with the land office), despite the fact the Land Department considers these sale
methods void or illegal.
In an official property development the content of the freehold sale
contracts under which the property (house or condo) is sold must comply with
strict regulations and consumer protection laws. Selling property in the same
development leasehold to foreigners does not have to comply with the same
laws protecting consumers and the developer can based on general freedom of
contract include various for him beneficial clauses and even misleading clauses
in the lease agreement to generate sales, such as lease renewal terms suggesting
a 90-year lease term.