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HuaHinLawyer

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Bariters Consulting with over 10 years of complex litigation and consulting experience in the public sector in the position Assistant Public Prosucutor and experience in law firms in the private sector.

16/05/2020

Nous parlons français.

Wir sprechen Deutsch.

We speak English. Kraiwit & Partner hat neu auch eine Webseite auf Deutsch - für all jene, die sich in dieser Sprache wohler fühlen.

Unser neuer Mitarbeiter, Stephan Schmied (MLaw, MSc), ein Schweizer hilft mit, wenn es sprachlich schwierig wird.

www.anwaltskanzlei-kraiwit.info
www.k-huahinlawyer.com

18/12/2017

We wish you all a joyful fourth week of Advent!
Your Kraiwit Law Team Hua Hin

14/12/2017

You need to see the whole picture to find the truth.

13/12/2017

Kraiwit & Partner hat neu auch eine Webseite auf Deutsch - für all jene, die sich in dieser Sprache wohler fühlen.

Unser neuer Mitarbeiter, Stephan Schmied (MLaw, MSc), ein Schweizer hilft mit, wenn es sprachlich schwierig wird.

www.anwaltskanzlei-kraiwit.info

29/06/2017

http://www.k-huahinlawyer.com
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02/11/2014

A Child Birthed in Thailand to Foreign Parents

The laws in Thailand regarding the citizenship of a child birthed in a sovereign state to foreign parents, laws according to the loss and gain of citizenship, state that the law has recognized principally that any child born in the Kingdom of Thailand shall be naturalized as Thai despite having foreign parents. The laws are based on the recognitions of each state to the criteria of citizenship.
But such principals also have the exception of the following rules:
1. Foreign parents who entered into Kingdom illegally must adhere to the immigration laws.

2. The parent(s) who is a foreigner must have been allowed to live in the Kingdom as a Non-Permanent Resident.*

3. Parents who are representatives of embassies and/or consulates or who have been awarded with diplomatic privileges. This exception is recognized internationally. It is customary internationally.

Remark . ( Only Clause 2 ) *The Ministry of Foreign affairs may either grant temporary or permanent residency depending on the circumstances of the case.
But any country under these principles or a member of the Universal declaration of Human Right 1948 section 6 and international rules governing the rights of citizens and Political Rights 1966, Article 24 results for children who are not in Thailand also have the right to be registered immediately after birth and shall have the right to a name, the date of birth or be registered by the person who is staying in the country temporarily.

01/10/2014

The marriage in Thai law
The marriage in Thai law canbe valid only if the parties are 17 years of age and none of them is spouse of another person .If the girl is still a minor, she have the consent of her parents who may give it to her in writing otherwise the parents are entitled to cancel the marriage. If They are mature, they can marry without the parents consent But neither of them is spouse of another person if she younger than 17,she has to apply for permission of court and marriage is valid only by registration with the Thai administrative authorities unless they go home to marry according to the foreigner law.
The property of husband and wife shall be in accordance With thai law only .There are two kinds of the property
Between husband and wife:
- Personal property of each spouse, and
- Common property belonging to both of them.

The personal property consists of (1) the property belonging to each of them before marriage,(2) property For personal use like dresses and professional tools of his or hers, (3) the property obtained by either of them through a will or gift, and engagement property Each spouse is the manager of his/her personal property.
Common property consists of (1) the property acquired during marriage,
(2)the property obtained through a will or gift mentioning it to be common property of both spouses ,and (3)fruits of personal property like the rents from a personal house of wife become common property

27/03/2014

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 for the Lessor . The Lessor 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”.

11/02/2014

Thai Permanent Residency
A lot of people want to stay permanently in Thailand as it is one of the most sought-after destinations in South East Asia offering a low yet convenient standard of living.
There are a lot of inquiries from foreigners who are constantly on a trip to the Land of Smiles as to how they can apply for Thai Permanent Resident status.
Obtaining status as a Permanent Resident (PR) in Thailand has many advantages. It allows you to live permanently in Thailand, with no requirement to apply for an extension of stay. You can also have your name on a house registration document, and you will be able to buy a condominium without making a bank transfer from abroad. Getting a work permit is also made easier once you have PR status.
In addition to this, you can be eligible to become a director of a Thai public company, as well as eventually apply to become a naturalized Thai citizen. You will also be able apply for an extension of stay and Permanent Resident status for your non- Thai family members.
All applications for Thai Permanent Residency are processed by the Royal Thai Immigration Commission. The annual quota for granting permanent residency in Thailand is a maximum of 100 persons per country. The application period for Thai PR usually from October to the end of December of every year.
In order to apply to become a Thai Permanent Resident, you must meet the following criteria:
• You must have had a Thai non-immigrant visa for at least three years prior to the submission of your application. Holders of multiple NON-Immigrant visas can not apply.
You must have 3 consecutive yearly extensions in order to qualify.
• You must be a holder of a non-immigrant visa at the time of submitting your application.
You must be able to meet one of these categories to apply for PR status in Thailand:
• Investment category (minimum 3 – 10 Mil. Baht investment in Thailand) - Working/ Business category
• Support a family or Humanitarian Reasons category: In this category, you must have a relationship with a Thai citizen or an alien who already posses a residence permit as a husband or wife; father or mother; or a guardian of a Thai child under 20 years of age.
Expert / academic category & other categories as determined by Thai Immigration
You should note that the list of required documents for the application depends on the category under which the application is made.
Once your application for Thai Permanent Residency is approved, a residence blue book is issued to you. You must then register your place of residence in Thailand at the local Amphur and obtain a house card. A week after the receipt of your residence certificate you can then apply for an alien book (red book) at the local police station, which is the equivalent of the Thai national ID card. You must re-register there every year. The Residency Permit itself never expires, unless revoked. To be able to leave the country and return to Thailand, however, requires you to apply for a re-entry permit (endorsement).
You can file an application to become a Thai naturalized citizen after holding Permanent Resident status in Thailand for 10 consecutive years.

24/01/2014

HOW CAN A FOREIGNER ADOPT A CHILD TO BE HIS/HER?
A foreigner is entitled to adopt a child in Thailand only When he/she is fully 25 and the child is 15 years younger than he/she. It is easy if the child is his wife But if not he may need to receive approval from the Thai authorities because the society is concerned about the child welfare. You may take the child to adopt it According to your law. The adoption and the termination must be registered with the Thai authorities or the authorities of the foreign country concerned with the consent of the child parents in case of a minor child. The adopted child has the same right as a legitimate child, particular to claim for maintenance from its adopting parent/s during childhood and is entitled to succeed its parents heritage

17/01/2014

We would like to give you some advice of consideration for supporting your decision regarding real estate purchase
1. Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.
2.Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.
3.Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties. Surely, the person who will understand this matter shall be the legal officer only.
4.The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act. Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property. Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.
5.The Status of Property Relation between the Husband and Wife: If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.
6.The Transfer of Property or Grant of Property in Succession to the Heir: It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.

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