Business disputes in Thailand
Civil Cases under Thai Law
Business disputes in Thailand civil actions are lawsuits wherein one party sues another in order to enforce or protect his right or prevent a wrong. In Thailand, civil cases ranges from business and property disputes, to personal domestic controversies, divorces, recovery of debt, employment-related issues or torts where the rights of one party are breached.
Before any party may sue another, it is important to consider several factors in the determination whether or not the party suing has a valid claim. These factors involve, cause of action, court jurisdiction, identification of the relevant parties, among others. Without these requisites, the case may only be dismissed.
In Thailand jurisdiction, the most common civil actions filed before the courts are the following:
Most common examples
of this breach involves non-completion of a job order, non-payment of price agreed in the contract, non-delivery of goods, or any other act demonstrating that the party will not perform as specified in the terms of the contract. Actions are brought before the courts for specific performance or damages.A case for defamation can either be criminal or civil under Thai law. Section 423 of the Thai Civil and Commercial Code provides that civil defamation involves a statement made that is contrary to the truth, and which is asserted or circulated as being factual, resulting in injury to the reputation, credit, earnings or prosperity of the individual who is the subject of the statement.
Whenever a person negligently or willfully causes injury to another person’s body, life, liberty, property, or right, the person causing the injury is bound to compensate the injured person for the damage caused.
These are quite common particularly when foreigners buy property in Thailand. The Consumer Protection Board reported that due to the rise of real estate developments property disputes had significantly increased brought about by false advertising, low quality workmanship and material, and delays in construction.