Litigation

The Thai legal system is a civil law system. Many of its fundamental legal principles (in areas such as contracts, property, wrongful acts, i.e. tort law, hire of property, hire-purchase, suretyship, mortgage, pledge, warehousing, agency, bills of exchange and partnerships) have their origins in the codified systems of continental Europe (particularly France and Germany), as well as common law countries (including English law) and traditional Thai law.

Thailand does not recognise the common law principle of binding judicial precedent. However, certain persuasive decisions of the Supreme Court are published in the Supreme Court Law Reports.

The principal law of Thailand is the Constitution. This is supplemented by Acts of the Thai Legislature; Royal Decrees; Emergency Decrees; Ministerial Regulations; Ministerial Notifications; other governmental notifications and local government regulations. The major Codes are the Civil and Commercial; Penal; Civil Procedure; Criminal Procedure; Revenue and Land Code.

In accordance with principles set-out in the Act on Conflict of Laws, foreign law may serve as the law governing the case. It must, however, be proved to the satisfaction of the Court that the foreign law is not contrary to public order or good morals; otherwise the Court will apply Thai law.

The Thai system of jurisprudence is dualistic.

The fact that Thailand has entered into a treaty or convention with a foreign country does not automatically give the provisions of such treaty or convention the force of law within Thailand. Treaties are not law within Thailand until they are made law by legislative enactment, such as an Act, Royal Decree or Ministerial Regulation.