Is there any offence on human trading here?

Yes there is. Taking a person away or seducing her(him) to gratify other person’s sexual desire, though with consent of person so taken, is an offence, punishable with imprisonment from one year to 10 years and fine from two thousand to twenty thousand baht. The punishment is set so high because the offence is regarded as part of human trading. 
If the person so taken or seduced is under 15 years old, the imprisonment is as high as twenty years. 
Any person receiving the person so taken or seduced for the said purpose is punishable with the same imprisonment and same fine. 
Any person taking another person over 15 years of age but not older than 18 years old for his/her own sexual desire or other means of sexual indecent practices, though with consent of the person, is punishable with imprisonment not more than five years and fine not more than ten thousand baht or both. 

By KRAIVIT BUSINESS AND ESTATE LAW OFFICE : 
WWW. K- HUAHINLAWYER.COM

Thai electoral reform and gerrymandering

BP doesn’t normally quote e-mails, but as not attributing the e-mail to the person and the person wants BP to write a post about the issues they raise in the e-mail,* will do so in this post.

Email:

In your analysis of whether or not reform will go ‘far enough’ to shut out Thaksin and if that will be acceptable, could you please write about the composition of the two houses. As far as I can tell there are two very obvious flaws that are at the heart of Peau Thai’s dilemma:

1. Weighted gerrymander that benefits the rural North/east
2. A partisan senate resulting from a non-preportional representation.

In the 2007 election (the last time there was no boycotts) the national vote (party list) was more or less equal (14 million votes to two main parties), yet Peua Thai somehow got 248 seats in parliament and the Democrats 160, clearly something is amiss here, likely because the remote areas have fewer people per constituency resulting from geographical size.

I’ve yet to come across any academic or journalist pointing out that the current ‘senate by province’ setup isn’t fair either since it results in 8 million in Bangkok voting in 1 Senator and 8 million in the North voting in about 20 Senators.Knowing, as we do, that they are partisan, this too tips the weight into the Peua Thai camp. Thus their solution for a truly representative, fully elected Senate, is devious.

Now, based on a ‘landslide’ victory in the parliament, even though their popularity by ‘person’ isn’t that much greater than the Democrats, Peua Thai falsely claim (and no doubt believe their own hype) that they are overwhelmingly the ‘people’s choice’ when in fact they are merely the winners (first among equals) with less than 50% of the electoral support. A lot of their arrogant activity has been based on this, leading them to act way beyond their remit with the result being another coup. No one seems to understand this critical aspect of the perpetual failure of Peua Thai to retain respect and stability as a government.

I’m surprised how many Thais I’m meeting who fully support the coup, and I can only surmise it’s because they were truly appalled at the ousted government’s abuse of power and feel that strong medicine is needed.

I’d appreciate your views on this next time you discuss the ‘numbers’.

We could, for example, have a US federal system whereby the next Prime Minister could well be Korn, while the parliament is Peua Thai and the Senate Democrat, similar to other respectable ‘democracies’, of course there will be a side who consider that ‘undemocratic’.

BP: First, the last election that there were no boycotts was the 2011 election (the PAD campaigned for a ‘vote no’ in 2011 so don’t see how that could be considered a boycott). Second, in the 2011 election, the party vote was not equal. It was 15.7 million for Puea Thai vs 11.4 million for the Democrats. The constituency vote which determines the breakdown for 375 of the 500 constituency seats was also not equal. It was 14.2 million for Puea Thai vs 10.1 million for the Democrats (the party vote in 2007 was fairly equal with PPP winning only 200 votes more than the Democrats although they also won 4 million more constituency votes). Third,  in neither 2007 nor 2011 did Puea Thai win 248 seats (in 2007, they won 233 seats and in 2011, they wont 265 seats.)

On gerrymandering, this is wrong again. From 2011 election,

Source for most is EC (otherwise you can find via links from here).

BP: There is no gerrymandering to give the North and the Northeast an unfair advantage. If anything, it is the Democrat-strong South which has the slight advantage although it is very minor and such anomalies often happen as impossible to get a purely equal system when constituencies are per province.

On Senate, it was the 2007 Constitution (as drafted by the coup-installed CDA) that had the 1 Senator per province idea. This was to be changed in the charter amendment by the government last year (which was ruled unconstitutional by the Senate). The Nation:

The amendment bill seeks to cancel appointment of senators, who are viewed by many as representing the “old power regime”, and have 200 senators elected from throughout the country, with the number from each province based on the size of the population.

BP: So it was not some devious plan to gerrymander to the disadvantage of Bangkok. It would be back to a percentage based on population.

BP is not opposed to a federal system.

*The main reason for doing this post is BP viewed the e-mailer was factually wrong on most points and was tempted to not answer as didn’t want to type up a long reply, but thought that would just look up the data to confirm the person was wrong  (which took at least 30 minutes once put the information into Excel). So sent an e-mail back to point out the factual errors. Unfortunately, upon replying, got an automated response by spam software back saying that in order to e-mail the person, BP had to go to a Web site and fill in a form to identify that BP was a genuine sender as was not in the person’s address book….. Argh, not doing that….. So this post as didn’t want to waste the time spent.

Thank : asiancorrespondent.com

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD

1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.

2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed maybe a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.

3.         If not keep it with yourself, only entrust the land deed with someone you can trust.

4.         Avoid signing any blank document especially a power of attorney.

5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.

6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.

7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.

8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.

9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)

IS THERE ANY EXCEPTION?

Yes,  there  is  because  the  above  jobs  do  not  include  aliens  of  the  following  categories:

(1)  A  person  in  the  diplomatic  corps.

(2)  A  person  in  a  consular  mission.

(3)  A  representaive  of  the  United  Nations  and  special  agency.

(4)  Servants  of  the  persons  mentioned in  (1),  (2),  (3).

(5)  An  alien  doing  the  duty  under  an  agreement  between  Thailand   and  another  country  or  an international  organization.

(6)  An  alien  who  carries  out  the  duty  of  education,  culture,  art,  sports  and  other  activities,  as mentioned  in  a  related  by – law.

(7)  An  alien  who  is  allowed  by  the  Thai  government  to  come  in  to  do  a  certain  activity  in Thailand.

Suppose  an  English  immigrant  in  Thailand  wants  to  teach  English  at  a  school.

By  huahin   Business   lawyer

www.k-huahinlawyer.com

WORK PERMIT IN THAILAND

To legally work in Thailand, a foreigner must apply for a work permit. Work permit is a legal document that states a foreigner’s position, current occupation, or job description and the Thai company he is working with. It also serves as a license to perform a job or an occupation allowed for foreigners inside Thailand.

Foreigners entering Thailand are not permitted to work, regardless of their type of visa, unless they are granted a work permit. Those who intend to work in Thailand must hold the correct type of visa to be eligible to apply for a work permit.

To secure a work permit in Thailand, a foreigner needs an initial visa, which is a non-immigrant visa. The non-immigrant visa must be obtained before entering Thailand.

Once the foreigner has a non-immigrant visa, he may begin to process the work permit. The work permit process would take 7 business days to accomplish. Work permit application is processed in the Ministry of Labor office.

A foreigner is eligible to apply for a work permit as long as he has a non-immigrant visa or a resident visa, has an available employer who will provide documents for work permit, and the occupation he will perform is not prohibited to foreigners.

The applicant has to submit the following documents:

• 2 inches photo

• medical certificate

• original passport

• letter of employment

• certificate of degree

• address in Thailand

The employer has to provide the following:

• company certificate and objectives

• list of shareholders

• application for VAT

• withholding tax of the company

• financial statement

• photocopy of the director’s passport and work permit with signature affixed

• office map

• letter of employment stating position and salary of applicant

• employment agreement

Once granted, the foreigner has to bring the work permit all the time especially at the work place and during working hours. Please note that the foreigner can only perform the job stated in the work permit and on the specific employer.

Credit By Kraivit : huahin law office.
If you are in Thailand, Hua Hin, you can request a consultation  huahin solicator at K-huahinlawyer.com. 

HOW TO CHECK CONDOMINIUM UNIT BEFORE PURCHASING

In case the condominium is not yet completed:
1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.
2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.
3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.
4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.
 5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.
6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.
7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.


In case the condominium has already been completed:
 1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.
2.         Check and record the land deed’s number, layout plan of the building and the access of the building.
3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.
4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.
5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.
6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.
7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

In case the condominium is not yet completed:
1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.
2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.
3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.
 4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.
 5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.
 6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.
7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.

  In case the condominium has already been completed:
1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.
2.         Check and record the land deed’s number, layout plan of the building and the access of the building. 3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.
4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.
5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.
6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.
7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

 
Credit By Mr. Kraivit : Huahin law office.

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD
1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.
2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed may be a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.
3.         If not keep it with yourself, only entrust the land deed with someone you can trust.
4.         Avoid signing any blank document especially a power of attorney.
5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.
 6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.
 7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.
8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.
9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD
1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.
2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed maybe a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.
3.         If not keep it with yourself, only entrust the land deed with someone you can trust.
4.         Avoid signing any blank document especially a power of attorney.
5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.
6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.
7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.
8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.
9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)



Credit By Mr. Kraivit : Huahin law office.

LITIGATION

Generally, the lawsuit in Thailand is not much different from the other countries except that the Thai court seems to be strict with the court’s procedure. Therefore, the preparation of the case for both suing and defending must not focus only on the laws but also the procedure as well such as the procedure concerning the temporary protection order from the court before the making the judgment.

In case there is a breach of agreement, under the law, you have 2 options;
1) file the case enforcing the defendant to comply with the agreement and
2) terminate the agreement and file the case claiming the paid money and damages from the defendant. The temporary protection order from the court must be in line with the essence of such lawsuit, therefore, if the option 2 is taken and the agreement is terminated, it may not be able to ask for a temporary protection order and may cause a problem in the enforcement after winning the case because the defendant may not have any properties left for seize, for example; Mr. A made prospective sale and purchase agreement for a land with Mr. B by paying in installment. Mr. B then sold the land to Mr. C provided that Mr. C already knew of the agreement between Mr. A and Mr. B, which means, according to the law, Mr. C was not honest. Mr. A will have such abovementioned 2 options to take. If a bad option is taken and Mr. A sue the case requesting the revocation of the sale and purchase between Mr. B and Mr. C, during the proceeding of the court, Mr. C may transfer the land to the third party and the judgment in the case will not affect the third party. In the end, even if Mr. A win the case, Mr. A won’t have the land and may not get a money back from Mr. B because Mr. B may transfer or hide his properties away. This is just one of an example from a real story that can ruin your life if you don’t thoroughly understand the law. Our team is full with lawyers all graduated from the law school and the Thai Bar and have a lot of work experiences in both government and private sections, so our team possesses with profound and in-depth knowledge making us to be able to handle with many complicated cases including family case, business and trading case, real estate case, criminal case and more.

In  Thailand , Huahin.  You can contact Mr.Kraivit : Huahin Legalization

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD
1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.
2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed maybe a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.
3.         If not keep it with yourself, only entrust the land deed with someone you can trust.
4.         Avoid signing any blank document especially a power of attorney.
5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.
6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.
7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.
8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.
9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)



Credit By Ms. Kraivit : Huahin lawyer office.

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD
1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.
2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed maybe a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.
3.         If not keep it with yourself, only entrust the land deed with someone you can trust.
4.         Avoid signing any blank document especially a power of attorney.
5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.
6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.
7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.
8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.
9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)



Credit By Mr. Kraivit : Huahin law office.

ADVICE OF CONSIDERATION FOR SUPPORTING YOUR DECISION

Advice of consideration for supporting your decision :

-          Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.
-          Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.
-          Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties.  Surely, the person who will understand this matter shall be the legal officer only.

-          The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act.

Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property.

Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.

The Status of Property Relation between the Husband and Wife:
If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.

The Transfer of Property or Grant of Property in Succession to the Heir:
It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.
Advice of consideration for supporting your decision :

-          Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.
-          Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.
-          Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties.  Surely, the person who will understand this matter shall be the legal officer only.

-          The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act.

Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property.

Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.

The Status of Property Relation between the Husband and Wife:
If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.

The Transfer of Property or Grant of Property in Succession to the Heir:
It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.


In case the condominium is not yet completed:

1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.

2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.

3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.

4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.

5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.

7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.

In case the condominium has already been completed:

1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.

2.         Check and record the land deed’s number, layout plan of the building and the access of the building.

3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.

4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.

5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.

6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.

7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

Credit By Ms. Kraivit : Huahin lawyer office

ADVICE OF CONSIDERATION FOR SUPPORTING YOUR DECISION

Advice of consideration for supporting your decision :

-          Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.

-          Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.

-          Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties.  Surely, the person who will understand this matter shall be the legal officer only.

-          The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act.

Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property.

Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.

The Status of Property Relation between the Husband and Wife:

If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.

The Transfer of Property or Grant of Property in Succession to the Heir:

It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.

Advice of consideration for supporting your decision :

-          Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.

-          Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.

-          Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties.  Surely, the person who will understand this matter shall be the legal officer only.

-          The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act.

Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property.

Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.

The Status of Property Relation between the Husband and Wife:

If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.

The Transfer of Property or Grant of Property in Succession to the Heir:

It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.

In case the condominium is not yet completed:

1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.

2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.

3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.

4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.

5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.

7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.  

In case the condominium has already been completed:

1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.

2.         Check and record the land deed’s number, layout plan of the building and the access of the building.

3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.

4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.

5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.

6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.

7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

 Credit By Ms. Kraivit : Huahin law office

HUAHIN LAW OFFICE

Huahin law Office : 21/93 Western railway Rd., HuaHin , Prachuabkirikhan , 77110 , Thailand
Phone +66(0)32-900408
Fax +66(0)32-900408
E-mail kraivit.huahinlawyer@gmail.com

HUAHIN LAW OFFICE

The law is enforced as a rule within the Thai territorial jurisdiction to maintain peace within the Territory ?

therefore whoever commits a crime in Thailand shall be punished in Thailand except those who have immunity under public international law such as foreign sovereigns or their representatives like diplomatic persons and personnel of international organizations may not be liable for punishment. However a foreign prisoner in Thailand may request the authorities for continuing imprisonment in his or her own home country because nowadays Thailand has an exchange of prisoners treaty with so many countries. So under such a treaty a prisoner who has served imprisonment term for a certain period of time can request the penitentiary authority for continuing the remaining period of punishment in his or her own homeland . HUAHIN LAW FIRM

The law is enforced as a rule within the Thai territorial jurisdiction to maintain peace within the Territory ?

therefore whoever commits a crime in Thailand shall be punished in Thailand except those who have immunity under public international law such as foreign sovereigns or their representatives like diplomatic persons and personnel of international organizations may not be liable for punishment. However a foreign prisoner in Thailand may request the authorities for continuing imprisonment in his or her own home country because nowadays Thailand has an exchange of prisoners treaty with so many countries. So under such a treaty a prisoner who has served imprisonment term for a certain period of time can request the penitentiary authority for continuing the remaining period of punishment in his or her own homeland .

In  Thailand , Huahin.  You can contact Mr.Kraivit : Huahin Legalization