Category: General matters

Who is an executor and what are their duties? An executor is a person appointed by a will or court order to legally manage a deceased person’s assets. This includes distributing the estate to the heirs and paying the estate’s debts. In short, an executor is the representative of the heir and has the rights and duties to manage the deceased’s assets. Why is it necessary to request the court to appoint an executor? Although the estate passes to the heirs immediately by law, in practice, there may be legal and regulatory obstacles preventing heirs from taking action regarding the estate until a court order appoints an executor. Rights and duties of an executor Do executors receive a larger share of the inheritance than other heirs? False. An executor is not entitled to a larger share of the inheritance than other heirs, unless otherwise specified in the will or a majority of the heirs resolve to compensate them. Related laws: Criminal penalties for executors neglecting their duties Written by: Ms. Apipat Nilsantiphat

Using a standardized or standardized contract, one of the many readily available, has both advantages and disadvantages, depending on the individual's circumstances and individual or business needs. In some cases, using a standardized contract may seem convenient and cost-effective initially, but in others, it can lead to long-term legal issues that can impact both finances and the relationships between the parties. Therefore, it is important to understand the advantages and disadvantages of using a standardized contract and hiring a lawyer to make the right choice and prevent future problems. Advantages of Using a Standardized Contract Disadvantages of Using a Standardized Contract Advantages of Hiring a Lawyer to Draft or Review a Contract Disadvantages of Hiring a Lawyer Investing in a Lawyer: Long-Term Cost-Effective While the cost of hiring a lawyer may be higher in the short term, investing in this legal service can save you money in the long run, as a lawyer can prevent mistakes that could lead to costly lawsuits or disputes in the future. Having a lawyer draft or review a contract also provides both parties with confidence that the agreed-upon terms are fair and legal, reducing the chances of the agreement becoming a dispute in the future. Conclusion: There are different advantages and disadvantages to using a standardized contract and hiring a lawyer, depending on the user's needs. While a standardized contract may be appropriate for simple cases where additional legal advice is not required, hiring a lawyer can ensure that the contract is comprehensive, legally sound, and appropriate for the specific situation, reducing risks and preventing future problems. Although the cost may be higher in the short term, But it is a worthwhile investment to protect long-term benefits. Written by: Mr. Kritsanat Poolto

Article by Mr. Nopparat Prachaphan Summons and a copy of the complaint When receiving a civil summons with a copy of the complaint, the defendant must do the following: Types of summons in a civil case Steps to take when receiving a summons What is a counterclaim? A counterclaim is when a defendant files a counterclaim against a plaintiff in the same case without having to file a new lawsuit, such as a loan, breach of contract, tort, or inheritance case. If the defendant has the right to claim from the plaintiff, he or she can use the right to counterclaim. Benefits of counterclaiming Counterclaim steps Conclusion When receiving a civil summons, the correct steps must be followed to protect your rights. If you receive a summons, you should consult a lawyer immediately to ensure proper legal proceedings and prevent future damages.

Legally, there is no law that empowers police officers or government officials to follow up on or visit the homes of citizens who have not committed any crimes. There is no law that empowers police to enter citizens’ homes to inquire about information if they do not have reasonable grounds to suspect that the person has violated the law. A person’s home premises are private property. Government officials may “intrude” into a citizen’s home only in cases of necessity and with a search warrant. Citizens’ rights upon obtaining a search warrant What is a search warrant? A search warrant is a document used in criminal proceedings that requires court approval to allow police officers to search for illegal items in a private area. Before conducting the search, the search warrant must be presented to the owner of the premises, and the search must be conducted during daylight hours (sunrise to sunset). A private area is a private area that is not a public area, such as a house, office, or real estate that shows signs of being protected from entry, such as by fencing or posting signs indicating private property. Reasons for issuing a search warrant (Section 69 of the Code of Criminal Procedure): Purpose of the search warrant; Persons with authority to issue the warrant; Qualifications of the officer named in the search warrant; Requirements to be included in the search warrant. Written by Miss Nutchawara Banjobbaramee

Subpoenas will be sent to the address on your house registration. A courier will deliver the subpoena and place it in your mailbox or on your door. If you throw it away, you can’t claim you didn’t receive the subpoena. The law states that the service of the subpoena is legal. You cannot claim ignorance or lack of knowledge. What you should do is to check the details of the subpoena to see what type of subpoena it is, to whom it is addressed, and what to do. In criminal cases, it is important to follow the correct procedures to protect your client’s rights and ensure that the legal process runs smoothly. Here are some things to do: 1. Review the subpoena 2. Preparing for court Topic Details Reviewing the subpoena Read the details thoroughly Preparing for court Consulting a lawyer and preparing evidence The right to request bail Checking the court’s regulations 3. Conduct in court 4. Consequences of failing to comply with the subpoena Failure to comply with a subpoena in a criminal case can lead to serious consequences, such as: Conclusion When receiving a subpoena in a criminal case, the following things to do: Following the correct procedures will help the case proceed fairly and minimize any potential legal consequences. Written by Ms. Pimnada Chotinanphan

Cheating and its Impact on Marriage Cheating is something no one wants to happen because it can lead to family problems. Some couples can forgive each other, but some end up fighting or even violently resorting to it. However, Thai law provides guidelines for dealing with cases where cheating leads to divorce. How to File for Divorce Under Thai Law: If a couple wants a divorce, there are two ways to do so: File for adultery but don't get a divorce. Is this allowed? The law allows for adultery lawsuits for compensation under Section 1523 of the Civil and Commercial Code, even if the plaintiff doesn't want a divorce. This means that a spouse can seek damages from someone who had an adulterous relationship with their husband or wife without having to file for divorce. Marriage Equality Law The amendment to the Civil and Commercial Code (No. 24) B.E. 2567 (2024) recognized the rights of same-sex couples. This means that divorce and adultery lawsuits can be filed according to the same principles as opposite-sex couples. Conclusion

1. Principles of Hire-Purchase Agreement and Car Return A hire-purchase agreement is a separate contract under the Civil and Commercial Code, widely used in the car hire-purchase business. Its essence is that the lessee must make installment payments according to the agreed-upon terms. If the agreement is breached, such as by several late payments, the lessor has the right to repossess the car and terminate the contract. In the event that the lessee is unable to make further installment payments and wishes to return the car, voluntarily returning the car without defaulting on payments may result in the exemption from liability for the difference arising from the auction sale of the said car. However, this shall be considered in accordance with the law and the Supreme Court's guidelines. 2. Considerations on relevant laws, Section 573 of the Civil and Commercial Code. 3. Cases in which liability for the difference is not exempt if the lessee returns the car before the lessee is in default. For example, in the aforementioned case, if the finance company sells the car at auction for a price lower than the remaining debt, the lessee is not liable for the difference, as the hire-purchase agreement was terminated voluntarily by both parties. 4. Example of Supreme Court Decision No. 5239/2018 5. How to return the car to the finance company: Cases where the finance company accepts the return of the car: Cases where the finance company refuses to accept the return of the car 6. Precautions

In our daily life, we encounter various types of documents or contracts that require certification to ensure that these documents are legally recognized and free from forgery or fraud. One of the key players in this process is a “Notary” or “Document Certifier”. The meaning of a Notary A Notary is a person appointed by the government to verify documents or legal proceedings to ensure they comply with legal requirements. They mostly deal with legal transactions, such as in some countries, such as the United States or Europe. Notaries play an intermediary role in legal transactions or financial business operations. Duties of a Notary Notary in Thailand In Thailand, there is no notary public like in the United States or Europe. However, there is a person who performs a similar function, namely a “Notarial Services Attorney”, who is licensed by the Lawyers Council of Thailand. Qualifications of a Notary The purpose of notarization Summary…

Documents produced abroad or issued by foreign governments must be translated into Thai and certified by Thai government agencies before they will be recognized as legally authentic. Documents must go through the certification process by a legally authorized official, such as a government official, a Notary Public, or another legally authorized certifier. The official signs and stamps the document to confirm its authenticity. This process is known as Notary Certification. It is an important process in many legal systems around the world, including Thailand. Its purpose is to ensure that documents are credible and can be used in legal proceedings. Notarization is part of the process of verifying the authenticity of certain documents or transactions, such as the certification of signatures, documents used abroad, and various contracts. What is the Meaning of Notarization? Notarization is when a person authorized by a relevant authority, such as a lawyer appointed as a Notary Public, certifies the authenticity of documents, signatures, or even acts as a witness to important transactions. Notarization can help reduce the risk of document forgery and increase confidence in various transactions. The Role and Powers of Notaries In many countries, notaries are government officials with legal authority to certify documents…

The Importance of Establishing a Legal Entity by Foreigners Establishing a legal entity in Thailand by foreigners is a complex process that requires strict compliance with laws and regulations. Doing business in a country with a different culture, laws, and regulations from your home country requires a thorough understanding. Therefore, foreign investors must prepare themselves and thoroughly study relevant laws to ensure that their business operates legally and minimize potential risks. Relevant Laws and Regulations Establishing a legal entity by foreigners requires compliance with key laws, such as the Foreign Business Act B.E. 2542 (1999), which sets restrictions on the types of businesses foreigners can conduct. Additionally, receiving promotion from the Board of Investment (BOI) and international agreements can make doing business easier. Types of Legal Entities that Can Be Established Legal Entity Formation Process Shareholding Requirements Generally, foreigners can hold no more than 49% of the registered capital, unless they have received promotion from the BOI or special agreements that allow for higher shareholdings. Working in Thailand and Applying for Permits Foreign investors wishing to work in Thailand must obtain the correct work permits and work visas. Paying taxes and financial reporting. Adjusting to Thai business culture. Conclusion Establishing a legal entity by foreigners in Thailand is a complex process. Foreign investors must carefully study information and seek advice from experts to ensure that their business operates correctly and smoothly in the long term.