Leases and property disputes

Yes. Under section 538 of the Civil and Commercial Code, a lease of immovable property exceeding three years, or for the life of the lessor or lessee, is enforceable only for three years unless made in writing and registered with the competent official at the Land Office where the property is located. An unregistered 30-year lease is therefore enforceable for three years only.

First determine whether the payment is earnest money under sections 377–378 or a part payment of price. Where the seller is in breach, the buyer may claim the money back plus damages. Practically: gather the sale and purchase agreement, receipts and correspondence, serve a written notice fixing a period for performance, then terminate and sue if ignored. For licensed housing and condominium projects, a complaint to the Office of the Consumer Protection Board is an additional route.

Under the Condominium Act B.E. 2522 as amended, aliens may collectively hold ownership of units not exceeding 49% of the total unit space in that condominium, and must evidence the inward remittance of foreign currency — for example the bank's foreign exchange transaction form — for registration of transfer at the Land Office. Check the remaining foreign quota with the juristic person before paying any deposit.

Start by requesting the financial statements, general-meeting resolutions and by-laws, which co-owners are entitled to inspect under the Condominium Act. If a resolution or charge appears unlawful, ask the general meeting to reconsider, petition the competent official, or apply to the court to revoke the resolution. Pay the undisputed portion in the meantime, because arrears affect voting rights and the transfer of ownership.

Section 36 of the Foreign Business Act penalises both the Thai national who assists by holding shares on behalf of a foreigner and the foreigner who uses that arrangement, with fines and imprisonment, and the court may order the shareholding or the business to cease. In practice the Department of Business Development examines the source of Thai shareholders' investment funds. Compliant alternatives are a foreign business licence, BOI promotion, or a transparent preference-share and voting structure.

The Criminal Procedure Code gives a suspect the right to meet and consult a lawyer in private, to have the lawyer present during questioning, to be informed of the allegation and of the right to remain silent, and to an interpreter if he cannot use Thai. The suspect may also apply for provisional release on security, and may have his embassy or consulate notified under the principle of consular access.

Currently three to four: first, produce or certify the original correctly, for example a certified extract from the issuing authority or signature certification by a Notarial Services Attorney; second, translate into the language the destination requires; third, legalisation by the Legalisation Division of the Department of Consular Affairs; and fourth, in many countries, a further certification by that country's embassy in Thailand.

No. Thailand has no general regime for recognizing foreign judgments, so the winning party must sue afresh in a Thai court on the underlying facts, using the legalized and translated foreign judgment as key evidence. Foreign arbitral awards are different — they are enforceable under the New York Convention. This distinction should drive your dispute-resolution clause at drafting stage.

Leases of immovable property over three years must be registered or they are enforceable for only three years. The security deposit must be returned at the end of the term, with deductions limited to damage the landlord can actually prove — not fair wear and tear. Move-in and move-out photographs, a condition report and payment records decide these cases; smaller claims usually resolve faster through mediation or the small-claims track.

Several forms exist; the common ones are an ordinary will signed before two witnesses, a fully handwritten (holographic) will, and a will made as a public document at the district office. Make a separate will covering Thai assets so it does not conflict with your home-country will, and name an executor clearly — transferring a condominium or bank account still requires a court order appointing an estate administrator.

Generally no. Thailand has no statute providing direct recognition and enforcement of foreign court judgments, so the successful party normally files a fresh case in a Thai court and uses the foreign judgment as evidence. Foreign arbitral awards are different: Thailand is a party to the New York Convention and has domestic legislation supporting enforcement, which is why many cross-border contracts choose arbitration instead of foreign court jurisdiction.

An accused person is entitled to an interpreter in proceedings when they do not understand Thai, to meet and consult a lawyer, not to give statements adverse to themselves, and to apply for provisional release under the court's criteria. Prepare your passport, proof of your Thai address, and security if applying for bail. The critical risk is signing a Thai-language record that has not been fully interpreted, so request an interpreter and a lawyer before giving any statement.

The Civil and Commercial Code sets different periods by type of claim. The general default is ten years where no specific rule applies, while claims such as wages, trade receivables and tort claims run shorter and start from the date the claimant knew of the cause or could enforce the right. Identify the claim type, fix the start date, then check for interrupting events such as acknowledgement of the debt or a part payment. Be careful with chat messages that acknowledge a debt, as they can affect the calculation. Have a lawyer read the actual documents before you conclude, because a miscalculated limitation period ends the claim permanently.