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[L122]Law And Legal System

by Gregory Smyth, Gre

These regulations comprise Royal Decrees, Ministerial Regulations, Notifications of Directors General, as well as less formal policies and procedures followed by departments within the Thai government. The policies have not passed through the formal legal processes, but as a practical matter can be as significant as an Act of Parliament for one carrying out business in Thailand.

The central Thai law for business and much more is the Thai Civil and Commercial Code ("TCCC"). The TCCC specifies general principles and particular rules for the gamut of civil law issues influencing businesses and individuals. Some of the topics of special attention to businesses comprise company and partnership law, contracts, sales, obligations, unlawful acts (torts, such as liability for negligence or intentional harm), property, mortgage and other forms of loan security, leases and agency. For individuals, the TCCC accounts for marriage, divorce, wills and estate administration, and parental rights and duties.

The TCCC became Thai law in 1925. Notwithstanding regular and sometimes dramatic changes of government and constitutions in Thailand, the TCCC has resisted admirably, delivering a consistent legal framework and structure during otherwise turbulent times. The TCCC contains a few peculiarities that might interest a foreigner as, well, foreign, but for the most part the TCCC specifies legal principles common to most capitalist countries.

The French Civil Code was used as the beginning point for the TCCC, with Japanese, English, German and American legal scholars giving substantial input to the Thai law authorities at the time of drafting. While some contentious issues are surfacing when one considers the details, the basics of Thai law are consistent with the laws of business prevailing from Tokyo to Toledo.

According to the Thai judicial system, a trial court in Thailand is not influenced by prior court rulings when it settles an issue under the TCCC, or any other Thai law. Every case appearing before a Thai trial court is subject to the trial court judge's personal interpretation of the plain meaning of the applicable laws. Since the Thai laws, by necessity, are often not particular and sometimes not even plain, forecasting results on specific issues is sometimes an uncertain science. Still, the language of the TCCC is usually acceptable enough, and earlier court rulings - especially those of the Thai Supreme Court -act as reasonable guidelines for interpreting less certain provisions.

The TCCC is available across the country in English translation. The standard translation is the one done by late Professor Kamol Sandhikshetrin. While the TCCC is the central Thai law, there are undoubtedly many specific acts of significance when doing business in Thailand. One must have a clear idea about those specific acts before starting to do business in Thailand.

We have all seen the commercials on television. The attorney appears on the screen and asks if you have been injured in a car accident, or a slip-and-fall accident, or in countless other scenarios where your injury could be worthy of financial compensation. To many, this tactic appears uncouth, and its widespread use is one of the reasons that accident lawyers often suffer from an unsavory reputation. However, if you are among the unfortunate individuals who have been injured due to the negligence of another party, accident lawyers can be your only ally when seeking compensation for your damages or injuries.

Accident lawyers – also known as personal injury attorneys, plaintiff lawyers, and trial lawyers – provide legal representation to parties who have been – or claim to have been – physically or psychologically injured due to the negligence or wrongdoing of another party. Accident lawyers specialize in tort law, which is a form of civil law that deals with relationships between individuals and/or organizations. In contrast, criminal law involves individuals and/or organizations and the State. When one party has injured another party, accident lawyers are there to help the injured party receive appropriate compensation for their ordeal.

When accident lawyers are hired to represent their clients they assume several responsibilities on their behalf. While adhering to a strict code of ethics, accident lawyers must carefully examine the potential case and weigh its merits before filing a lawsuit. If the case has merit, then the accident lawyers will file complaints, make arguments in court, draft legal paperwork, and research their client's case so that they can best represent their interests.

Accident lawyers are compensated in several different ways, although a contingency fee is the most common. A contingency fee is an agreement where the client has no financial obligation to the attorney until the case is successfully resolved. Upon settlement, the attorney will then keep a portion of the money as compensation. Other less common forms of compensation for accident lawyers are flat fees – a set amount regardless of the outcome, retainers – money paid before representation takes place, and hourly rates – where the client is billed for each hour that is dedicated to their case.

In today's society, accident lawyers are an oft maligned group. They are blamed for frivolous lawsuits and escalating health care costs, among other things. While those charges have merit in some instances, one should not conclude that accident lawyers are not an important component of our legal system. Accident lawyers are the individual's last line of defense from further damage as a result of an accident or negligence. Sadly, we need accident lawyers after we have already been wronged, but with their competent representation we can not only receive just compensation, but the damages collected from negligent parties act as a deterrent from continuing to act in an irresponsible way in the future. In short; accident lawyers help prevent accidents as well.

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Both Gregory Smyth & Michelle Bery are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Gregory Smyth has sinced written about articles on various topics from Types of Cancer, Luxury Hotels and Family Travel. For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on