Civil actions in Thailand involve cases in which one party sues another for the enforcement or protection of a right or for the prevention or remedy of a wrong. These range from business and property disputes, to personal domestic controversies, divorces or other civil wrongs where the rights of one party are breached.
Lawyers at Juslaws & Consult prosecute civil claims on behalf of clients and also defend clients in claims brought against them. We represent our clients both in trials at the court of first instance and appellate courts. We work closely with our clients, designing specific strategies to meet their goals. As the costs of civil litigation can be high, we seek resolution through the various forms of alternative dispute resolution (ADR) whenever possible.
The most common types of civil actions include, among others:
When a party to an agreement fails to perform any term of a written or oral contract without a legitimate legal reason the other party may claim for breach of contract. This could involve not completing a job, not paying on time or in full, failing to deliver all required goods, substituting inferior or substantially different goods, or any other act demonstrating that the party will not perform as specified. One of the most common types of civil law suits in Thailand is for court-order specific performance and/or damages.
In Thailand a civil and/or criminal case can be brought against a party for defamation. As defined in Section 423 of the Thai Civil and Commercial Code, 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.
In Thailand, when 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. If the wrongful act was committed by or against a foreigner who is under Thai jurisdiction, a foreign element is then considered to be involved in the case and the Conflict of Laws Act comes into play.
Real Estate Disputes – these are quite common particularly when foreigners buy property in Thailand. Disputes may arise due to language barriers, unlawful purchasing procedures or the dishonesty of sellers, for example. According to the Consumer Protection Board, complaints about real estate development companies are on the rise, involving misleading advertising, low quality workmanship and material, and delays in construction.
Thai labor law provides the grounds for an employee's dismissal or termination and the provision of severance compensation. Any violation of the law is a cause for an employee to file a labor case against the employer. The most common case involves illegal dismissal or unlawful termination. The employee must first take the complaint to the Labor Relations Committee to see if a compromise can be reached between the employer and employee. If this is impossible and the committee finds probable cause against the employer, it will recommend that a labor lawsuit be filed.
Our Thai civil litigation lawyers will represent you at every step in the process of a civil action case. This includes the proper designation of the case, the jurisdiction of the court, the determination of the proper parties and many others which will make the assistance of a court lawyer indispensable. Our international lawyers work hand in hand with their Thai counterparts to deliver the optimal civil litigation service for you and the most efficient results for your civil action case.
Please consult our lawyers and contact Juslaws & Consult for further information and assistance.