Tuesday, August 5, 2014

How is pornography here?

Unlike some western countries here, possession of some thing obscene may be imprisoned not more than three years or fine not more than six thousand baht or both. 

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

Thursday, July 10, 2014

HOW ABOUT DEFAMATION AND INSULT HERE?

There  are  such  instances  in  the  Thai  criminal  law  like  all  other  countries  of  the  world.  But  most  people  are  confused  about  these  two  offences.  Defamation  is  a  major  offence  where  the  offender  says  to  a  third  person  about  bad  thing  of  another  person,  by  which  the  person  may  be  damaged,  insulted  or  hated.  For  example,  Mr.  A  says  to  Mr.  B  that  Ms  C  has  had  sexual  intercourses  with  Mr.  E  who  is  not  her  husband.  It  dose  not  matter  whether  what  he  says  is  true  or  false.  The  punishment  is  imprisonment  not  more  than  one  years  and  fine  not  more  than  twenty  thousand  baht  or  both.  If  defamation  is  done  in  writing  or  with  pictures,  the  punishment  is  twice  as  much.

 But  an  insult  is  a  petty  offence  where  the  offender  says  something  rude  to  look  down  upon  the  insulted  person  face  to  face  mostly  with  impolite  and  impossible  words.  For  example,  Mr.  A  yells  at  Mr. B  “you  are  a  wild  guy  who  is  worse  than  a  pig!”  The  imprisonment  for  that  is  only  one  month  and  fine  not  more  than  one  thousand  baht  or  both.

IS THERE ANY FREE DEFAMATION?

Yes,  if  you  say  something  to  justify  yourself  or  to  protect  your  lawful  interest;  or  to  make  a  fair  comment  that  other  people  can  do  so  or  to  give  information  concerning  a  conference  or  a  trial  of  the  court,  you  are  not  guilty  of  defamation.  Moreover,  it  is  lawful  for  the  party  of  a  law  case  or  his  lawyer  to  express  an  opinion  for  his  own  case  in  the  count’s  proceedings.

Thursday, May 29, 2014

Hua Hin property developments

Hua Hin property developments

Over the past three years the number of housing developments in Hua Hin has simply sky rocketed, it seems that new ones are appearing every week. Finding a property amongst all of these new developments can become a minefield if you don't know what to look for and what to look out for. Pick any road heading west from Hua Hin and you will be inundated with sign posts advertising new Hua Hin housing projects and property developments.

hua hin housing projects« Vast swathes of Hua Hin hinterland have been cleared over the past few years to make way for countless new houses and villages. Many have sold out and have started phase 2 and 3 developments, many have not been completed and remain under construction. Hua Hin remains to be one of the most desirable places for a second home in Thailand.


Wednesday, May 28, 2014

Yes , a  foreigner  may  have  a   chance  to  commit  an  offence  in  Thailand  if  he/she  is  not  careful,particularly  those  Who  are  ignorant  of  the  Thai  criminal  offences.  Note  that  an  offender  is  liable  not  only  for  criminal  punishment  but  also  for  payment  of  compensation  to  the  person  suffering  from  the  damages  incurred  by  that

 By KRAIVIT   BUSINESS  AND  HUAHIN REAL ESTATE LAWYER
 WWW.K- HUAHINLAWYER.COM  
Consideration on the law with regard to the lease of immovable property according to Thai law 

1. Civil and Commercial Code, Article 538 is stipulated that for the lease of immovable property, if there is no evidence in any letter signed by the liable party, it is stated that the prosecution of enforcement cannot be done, if the lease term is over 3 years up or stipulated through lifetime of the Lessee or the Lessor; if it is not done in letter or registered to the official, it is stated that such lease can be prosecuted to do enforcement for only 3 years.

- Consideration: being signed by the liable party; “who is the liable party?”; the answer is : both parties are the liable parties.
- The Lessee is the liable party for the payment of …………expense. The Lessee shall allow the Lessee to reside in the leased property or make a registration at the land office for the Lessee.

2. For the lease of immovable property over 3 years, unless the lease agreement shall be made, going to register the lease shall be done at the land office where such immovable property is located because according to the law, the lease agreement shall be effective and bound between the Lessor and the Lessee for only 3 years, for example; Mr. A makes the house lease agreement with Mr. B with its lease term of 10 years but going to register the lease is not done at the land office where the house is located; the lease agreement with its lease term specified for 10 years made with each other is certainly ineffective, it is equal that there is the lease agreement with each other for only 3 years. Therefore, if there is a case of dispute occurred after the 3rd will be the problem immediately.

- Consideration: the contractual party may prosecute again the other contractual party to register the lease but it must be prosecuted within 3 years from the date of making the lease agreement and in the agreement, it must be specified to have both contractual party go to register the lease at the land office and then it can be prosecuted to do enforcement. The information of lease in reverse of the title deed of such plot will be appeared.

3. The longest term of leasing the immovable property is not over 30 years. At present, there is the making of 30-year lease agreement plus for 30 years under another agreement. It is questioned how is the result? The answer is that the agreement plus for 30 years is not contradictory to the law as well as peace and order of the public and also can be enforced between both contractual parties but it will not be continuously effective automatically because both contractual parties shall go to make a registration again at the Land Office.

- Consideration: it must be understood that the Lessor can sell the leased property to other person but it will not impact to the lease agreement between the Lessee and the Lessor formerly. However, there is some problem whether the contractual clause regarding the renewal of this agreement will be bound with a new buyer or not; the answer is that it is not bound because it is not the direct right and duty as per the lease agreement unless a new buyer will agree to bind it in letter with the former conditions between the Lessee and the Lessor.

4. In principle, the lease agreement is the individual right of the Lessee. What does it mean? Let us see………….this is because the immovable property is the one with high value. Therefore, for the action to allow someone to take on lease of our immovable property, we shall certainly have confidence on such Lessee first; for example, we have confidence that this person can take care of the leased house very well because this person is fond of cleanness or this Lessee is not probable for missing to keep an appointment of paying the rental because the Lessee has the good financial status. The Lessor therefore specifies that it is given to have this Lessee take on lease only by specifying in the lease agreement also. Therefore, the law deems that the Lessee is the essential part of the lease. Then, if this Lessee who makes this agreement dies even before the lease agreement expires, the agreement is certainly terminated according to the law immediately. The succession of descendants cannot be made; for example, the lease agreement is scheduled for the term of 3 years but after the lease for only one year, the Lessee dies, the lease agreement is certainly terminated immediately. 

- Consideration, the solution is that both parties shall specify clearly whether the Lessor or the Lessee is the essential part of the lease agreement or not. For another solution, if the Lessor can stipulate in the lease agreement that “this lease agreement is given to devolve to the Lessee’s heir in case the Lessee dies before the lease agreement will expire”. 

For these problems and conditions of law, they are a part from the direct experiences of the writer especially in the locality of Hua Hin and other area. There are many more foreigners who do not understand this matter exactly. Kraivit Business and Estate Law Office is ready to give some advice and how to protect against the problem which is eventually occurred in the future as per the expression that “when knowing the problem, it is certainly not occurred” as well as the problem-solving occurred by means of exercising the right of prosecution via the Court by the lawyer who has the specific expertise about these matters.

  Kraivit    Prariyachattrakul
     Solicitor 
     Senior  Partner
    +66(0)84-9794714
    +66(0)32-900408
     E-mail : kraivit.huahinlawyer@gmail.com      
     www.k-huahinlawyer.com

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