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Thai Law for Foreigners - The Thai Legal System Easily Explained
Thai Law for Foreigners - The Thai Legal System Easily Explained
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Authors: Benjawan Poomsan Becker, Roengsak Thongkaew
Publisher: Paiboon Publishing
Category: Book

List Price: $21.95
Buy New: $13.82
You Save: $8.13 (37%)
Buy New/Used from $13.82

Avg. Customer Rating: 4.0 out of 5 stars(8 reviews)
Sales Rank: 191895

Languages: English (Original Language), English (Unknown), English (Published)
Media: Paperback
Number Of Items: 1
Pages: 470
Shipping Weight (lbs): 1.2
Dimensions (in): 8.1 x 5.5 x 1

ISBN: 1887521577
EAN: 9781887521574
ASIN: 1887521577

Publication Date: January 7, 2008
Availability: Usually ships in 1-2 business days

Customer Reviews:
Showing reviews 6-8 of 8
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5 out of 5 stars It's very helpful.   March 10, 2008
  4 out of 4 found this review helpful

I learn a lot about the structure of the Thai government and the legal procedures in Thailand which is very well explained. The chapter on prenuptial agreement and the dowry alone makes the book worth buying. Everyone I recommended the book to says it's very helpful. It's a good reference material in many aspects about Thailand.


1 out of 5 stars Not much Law at all .   March 9, 2008
  6 out of 11 found this review helpful

This book tells you all you everything and nothing about Thai Law.

Let me explain.

After a brief run through the history of Thailand and its kings the constitution is set out as is the legislative, executive and judicial structure. Fair enough. Then the fun starts
"What to do and where to go in Court."
"Unless you are a court officer or work in the legal profession, you don't want to go to court in Thailand...... Thais consider going to Court bad luck....."

This is probably sound advice given that the 149 substantive pages include two narratives of going to Court ( John was escorted into the courtroom by a policeman he was barefoot and chained at the ankles....).

There are interesting snippets scattered around in the English language section such as the differences in bail rates for government officials and ordinary people for various offences.

But let's get to the nitti gritty here. I do not buy a book about Thai law to be told how to receive money Western Union or that some banks might like to see my passport before opening an account others might not. That rents will be more expensive downtown than in the suburbs is not news to me and the advice not to leave my ipod unsecured and cash laying about in my apartment because I may be burgled is sound but hardly legal.

What does this book tell us?

Tax: You pay it on earnings in Thailand there is a lot of paperwork to deal with and all the documents are in Thai.

Parking: Restrictions may apply they are written in Thai.

Wills. It is important you make one to dispose of your property etc in Thailand and to avoid disputes amongst heirs and beneficiaries. The disposition of the the will is governed by the Civil and Commercial Code. But whilst Thai Courts are not bound by ite ( the will )....it is your best opportunity to explain your desires and intents. I am confused. Is my will binding or subject to challenge?

Marriage and Divorce. The procedures are set out but the interesting stuff like who gets what on divorce is glossed over " it is complicated you will need to hire a lawyer..."

Amongst the reference section are translations of a house rental agreement ( interesting ) a translation of a subpoena ( not particularly useful as the book keeps telling us to hire a lawyer), a list of Celebration days and the last 24 prime ministers( interesting but nothing to do with the law and ) and charts listing the ranks of army, navy, airforce and police officers. I presume that that these charts will be helpful after a trafic accident ( " the procedures will be slightly different to those you are used to in your home country" ) and I find I have dented the fender of a Police General.

To summarize

" Don't ever get into a road rage incident practice your meditation instead"

Thai Lawyers are governed by a ethical code found in S 51 of the Lawyers act 1951 and one of the stipulations for example is that he cannot "claim that he has more knowledge than other lawyers" or "decieves a client that he would win a case whilst knowing he would lose." but "individual lawyers may or may not follow the code"

Conclusion.

Dear Foreigner . You are a foreigner. Pay a lawyer. "You get what you pay for". "Photocopy everything you give your lawyer and keep copies". You are a "guest" here and "you will be treated as a guest forever no matter how long you live in Thailand ". Remember "it's unlucky to go to Court."

From the authors.

"There may be minor discrepancies in numbers,names, or details in this book, since different sources use different descriptions. However, we used the data from the most credible sources we could find ... we appologise if some of the information in this book is inconsistent; this will be improved in our next addition."


ps you can divorce your wife if she commits adultery but she can only divorce you if you have treated or honored another woman as your wife. Same same but different it seems.



5 out of 5 stars This book is excellent!   January 22, 2008
  8 out of 10 found this review helpful

I am not an attorney but a businessperson who has had international dealings and was fortunate to spend several years in Asia. The problem with a subject such as this is not the literal translation of the laws but how to communicate their cultural context. This book succeeds beautifully in doing just that for those who live outside of Thailand and interact with people there, for those who marry Thais or adopt Thai children and even for those considering a visit to Thailand.

The clear, organized presentation in excellent English gives us an introduction to the Thai legal system, current legal procedures (in easy to follow step-by-step form), aspects of family matters from the dowry to prenuptial agreements and divorce, things to know about how the legal system applies to everyday matters and finally a comprehensive reference section. I particularly enjoyed a sidebar commentary by an American in Thailand about their court proceedings and prisons (Thailand has a no jury system. In most cases, two judges decide on verdicts). There are also some interesting tidbits. Thailand has a 96% literacy rate. Its name literally means "Land of the Free" but the country is affectionately referred to as the "Land of Smiles." Thailand is the only Southeast Asian country that was never colonized by a European power and the current king is the world's longest reigning monarch (Thailand is now a constitutional monarchy). And did you know that the amount for bail there is the same for attempted murder, having sex with a minor and for selling marijuana? (200,000 bahat: 35 bahat = $1)

The sakdina system of class is deeply ingrained in Thai society and knowing that helps a person understand why Thai people might act the way they do. For example, "A Thai may ask you how old you are or how much money you make" in order to determine your social ranking and how they should relate to your relative position in their society.... In Thai society, people with higher social status are expected to carry out certain obligations, such as paying the bill in a restaurant, which is both a duty and an honor." I also found the sections on registered and non-registered marriages interesting, as are details of a Buddhist funeral ("The idea that death is suffering, relieved only by the knowledge that it is universal, gives an underlying mood of resignation to funerals").

This is an excellent book. The authors, Benjawan Poomsan Becker and Roengsak Thongkaew tell us about things other than legal considerations-- money matters, driving (don't), working and crime (expect 30 people to a cell and having to sleep on our side on the bare floor) and visas (an application is included). This is a model for any book trying to explain the pragmatic side of another culture. If a little knowledge goes a long way, the very comprehensive "Thai Law for Foreigners" will get readers all the way to Thailand and back.



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