Juslaws & Consult Co., Ltd.

Family quarrels are bitter things. They don't go according to any rules. However, when such a quarrel turns into a legal dispute, then a legal resolution is inevitable. The legal system of Thailand is diverse since it is based on the European civil law model with the main influence being from France's civil law system and is primarily codified in the country's Civil and Commercial Code.

When a dispute involves family, the Civil and Commercial Code of Thailand has it covered. It covers issues such as civil unions, marriage, legal separations, contested and uncontested divorces, administrative divorce, domestic and foreign adoptions, parental custody of children, and many other family law cases.

At Juslaws & Consult, our family law department offers legal services in Thai Family Law, and specialize in the following issues:
 

• Marriage  Registration in Thailand
• Divorce in Thailand
• Child Custody Law
• Adoption
• Pre-Marital / Prenuptial Agreements
• Wills / Estate Administration

Due to the large proportion of foreign clients at Juslaws & Consult, we have gained a vast wealth of experience and knowledge advising our clients on family law matters. We always aim to resolve matters in the most conciliatory and cost-effective manner. Juslaws & Consult provides advice on all aspects of Thai family law, and we have extensive experience in drafting alimony claims and dealing with custody disputes.
 

• A Prenuptial Agreement, Marriage and Divorce of an American citizen in Thailand
• A successful case representing a British citizen in a Divorce case and obtaining 100% custody in Thailand.
• A successful case representing an American citizen in a Divorce case and obtaining 100% custody in Thailand.
• A successful case representing a foreigner to get 100% custody of a child from deceased parents. This is the 1st case in the history of Thailand
• A successful case representing a Taiwanese citizen to get a divorce and litigate against a Filipino citizen who was previously married in Philippines.
• A successful case representing a British citizen in obtaining 100% custody of two children
• A successful case representing a Thai citizen to obtain a divorce of a Korean citizen and get 100% custody in Thailand
• Advice on a Prenuptial Agreement and Registration of Marriage of a Spanish and Thai citizen

Property and Real Estate Disputes may occur when there are misunderstandings or non-cooperation of a party in relation to a property. Juslaws & Consult handles a wide range of property disputes for their clients in Thailand. They handle litigation and get a resolution for a diverse range of disputes including boundary and easement disputes as well as major cases involving title companies in sophisticated policy coverage issues

We render a comprehensive representation to real estate developers, commercial and institutional owners, and businesses faced with real estate-related disputes including:

1. Unfinished Projects
Sometimes, condominiums, villas, houses, townhouses, and other kinds of residential or even commercial real estate are not completed within a stipulated time as specified in a contract. If this occurs buyers will have recourse with Civil law based on breach of contract and can demand that the project be finished at the agreed-upon time or the monies paid by the individual buyers be returned with full interest within a specified time period.

2. Ownership Disputes
There are times when title deeds have been forged or signatures have been forged in order to sell a property and retrieve money without authorization, leaving the unsuspecting buyers out of money with nothing in return. In such cases, evidence such as transfer slips and identity documents of the perpetrators may provide the possibility of recourse, but, proper real estate due diligence could have prevented the crime.

3. Encroachment
This occurs when the owner of property builds over his boundary, encroaching onto another's land. It is a common occurrence mostly in rural areas of Thailand involving agricultural land. Oftentimes houses are built in these agricultural areas in ignorance of the exact boundaries with encroachment resulting. A high-rise building blocking the view of another building is also a type of encroachment, especially with beachfront properties.

4. Easements
Easements are described as the right of way such as passages or pathways established on a property in order to gain access to another property. In some cases, a party may claim to be a victim of trespassing and that passage through their property is unnecessary and excessive. A Court of law will have to interfere in this instance in order to grant a right of easement or rule in favor of the plaintiff.

5. Breach of Contract
Breach of contract occurs when one party deviates from a written agreement. In Sales and Purchase agreements involving real estate, disputes may arise in relation to building specifications, payments, specific time periods, non-performance, or any other conditions or details outlined and agreed upon in the contract.

6. Landlord and Tenant
Disagreements between the lessor and the lessee commonly arise in short-term leases without a lease agreement in place. It is always preferable to have a lease agreement in place. In Thailand, lease agreements for three years or more have to be registered at the land department in order to be considered valid and enforceable. The maximum permissible lease term in Thailand is 30 years with no option to renew, although lessor may consider it.

7. Trespassing
Trespassing is when private property is accessed without permission from the property owner. This illegal act is considered a criminal offense and the law favors the property owner who may make a claim against the trespasser for any damages done to the property.

8. Adverse Possession
Adverse Possession refers to a claim on the property made by someone that has been residing at that property for a period of 10 years or more. In this scenario, the landowner has abandoned their property and has not associated with it in any way for over 10 years.

If someone has resided on that property during that time, and if the real owner of the property returns claiming his rights, the real owner will have to prove that they did in fact not abandon the property and show ways that they were associated with the property in order to have to property reverted back to them.The disputes related to Property and Real Estate is not limited to the above mentioned causes, here are some other situations where we could be of assistance:
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Neighbor DisputesMajor and minor real estate disputes often arise. Some may be resolved out of court, while others may not. In either case, expert legal advice and guidance will assure your rights are upheld to the highest degree.

• Claims of Escrow Negligence
• Real Assets Disputes
• Foreclosures of Mortgages
• Land Contracts & Transfer
• Leasehold Disputes
• Construction Contract Disputes
• Disputes Relating to Purchase Agreements
• Financing
• Land Use and Zoning
• Property Management
• Appraisals and the Environment
• Habitation, Superficies, Usufruct
• Mortgage
• Neighbor Disputes

Major and minor real estate disputes often arise. Some may be resolved out of court, while others may not. In either case, expert legal advice and guidance will assure your rights are upheld to the highest degree.

Thailand is home to great business and investment opportunities that attract businessmen and investors all around the globe.  Like any other transaction, there is no guarantee that it will always be successful, transactions do not always go as smooth as silk and there are always implications. On this topic, we will be discussing the importance of the Consumer Protection Act of Thailand and its benefits to the consumers in Thailand and answer the following:

A. What is the Consumer Protection Act of Thailand?
B. What are the Consumer rights of protection in Thailand?
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The Consumer Protection Act of Thailand is as it is called, protection for the consumer in Thailand. Simply put, when we enter into an agreement with another party who is an entrepreneur selling goods, importing products for sale, or the most relatable - providing services in Thailand. As mentioned there may be some implications and in case of any disputes arising from such an agreement in Thailand, the role of a consumer purchasing such goods, products, or obtaining services will be protected by the Thai Consumer Protection Law.
The Thai Consumer Protection Act. B.E. 2522 (1979) gives the following protection to the consumer in Thailand; 
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1.) the right to receive information as well as a correct and adequate description of quality as to the goods or services,
2.) the right to enjoy freedom in the selection of goods or services,
3.) the right to be afforded safety in the use of goods or services,
4.) the right to fairness in concluding contracts and  
5.) the right to have consideration for remedy the damage.

Apparently, no cases incurred between consumers and entrepreneurs will be amicably settled which it attributes to the bargaining powers or the knowledge access. In addition to such matters, a consumer is unwilling to take into a long period of the court procedure and bear any relevant expenses e.g. the court and attorney fees. 

To prevent aforesaid problems, the Consumer Case Procedure Act B.E. 2551 (2008) has been enacted to decrease consumer concerns. For clarification, a consumer pressing a consumer charge is exempted to disburse the court fees, granting the prompt court procedure such as no date of settlement of the issues. Furthermore, mediation, testimony, and investigation processes shall be completed in a day. On the other hand, if a party delays in submitting or representing itself to the court in a hearing, the court shall deem that a party is in default of providing the answers against the plaintiff (if being the defendant) or shall strike the case out of the case list (If being the plaintiff).

In addition to the abovementioned principles, the Consumer Case Procedure Act also determines the period of filing a consumer case; 
1.) in the case of damage to life, body, health, sanitary as a result of culminating in the body of a consumer, or where it takes time for the symptom to appear, must exercise the right to claim within 3 years as from the date of knowledge of such damage and the liable entrepreneur, but not exceeding 10 years as from the date of knowledge of the damage.
2.) a consumer case arising from the wrongful act, shall file the case within 1 year as from the date of knowledge of such damage and the liable entrepreneur, but not exceeding 10 years as from the date of having such act.

Developing something new or original rarely takes a tangible, traceable form. It instead is about how one applies one's mind to create a concept in the first place.

Intellectual property (IP) comes in a range of forms, and extensive experience as an outstanding lawyer is needed in order to fully come to grips with the nuances of intellectual property law.

Whether they are trademark attorneys or lawyers who exclusively handle copyright matters, intellectual property rights must be enforced at all costs.

IP ranges from the ideation of a brand to an invention, design or artistic creation. There are various types of IP available and intellectual property rights thereof.

Today's knowledge economy makes intellectual property one of the most important assets to be protected. IP should be strategically managed.Some intellectual property rights require a formal process of application in accordance with intellectual property law. Examination and registration are some steps that need to be taken, for instance.

Registered intellectual property (IP) rights also act as motivation to creators to innovate with the surety of IP protection without exploitation, not to mention the impact this has on creating great career chances. Juslaws & Consult works with both local and international clients to take into account IP law and litigation matters to allow for IP enforcement.

Financial debt is the particular obligation of an individual or juristic person. If there are many creditors after to claim financial debts from such a person as the debtor, it would be difficult to receive the debts equally and fairly. Many countries, therefore, enact bankruptcy laws to decrease these problems and manage all debts of the debtor to be settled so that the debtor can further carry on their business efficiently.

Under the Thai Bankruptcy Act B.E. 2483 (1940) (the “Act”), it is declared that if a debtor becomes insolvent, a creditor shall have the right to file a bankruptcy case if any individual debtors owe a debt of not less than 1 million baht or a juristic person owes a debt not less than 2 million baht, and if it is deemed as the debt having specific amount whether it was or will be due in the future, he/she may be considered bankrupt under the Act.

There are three kinds of persons who have the right to file a bankruptcy case with the Bankruptcy Court;
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1. A secured or non-secured creditor,
2. An auditor and;
3. Thai asset management companies.

At the legal trial of a bankruptcy action upon the creditor’s charge, the Court must be satisfied with the facts that the debtor becomes insolvent; together with other provisions of the law as specified under the Bankruptcy Act of Thailand, the Court shall issue an absolute receivership order (ARO) or the order specifying that all assets of the debtor will be controlled and managed by the government officer called “the receiver.” Otherwise, the Court has to dismiss the bankruptcy case.

When the Court issues an ARO, the debtor shall deliver all property, seals, account books, and documents related to his property and business which are in his/her possession to the receiver. In the light of this order, the debtor shall not perform any act with respect to his property or business. Additionally, all creditors must file a motion or an application to the receiver within two months after the order is announced to receive the repayment of a debt owed by such debtor.

Finding appropriate legal services to represent company entities suitable for bankruptcy actions is essential. Juslaws & Consult might be just the law firm you are looking for to represent your business. Contact us today for a free consultation with the managing partner of your business. We also offer litigation and arbitration services to our clients for their companies. So if your company is in trouble, look no further than Juslaws & Consult for expert legal services, be it commercial, criminal, or civil.

Thailand has an intricate law relating to Inheritance and Succession. Substantive knowledge of Thai law and court procedures is essential to protect the interests of the client. Under certain circumstances a foreigner might need a will in Thailand. Their Thai will then covers their assets in Thailand, like investments, bank accounts, vehicles, and personal property.

In this article we will discuss the following topics for your further information:

• Statutory Heirs in Thailand
• Will and Testament
• Appointment of the Estate Administrator
• Grounds for Discharging an Estate Administrator

Being incarcerated is one of the fears of men. In Thailand, the law stipulates that one can post a bail or bail bonds (also known as “Security”) in order to get a so called “provisional release”. Many foreigners fear the Thai Legal System because they lack of deep understanding about it. If you face a criminal offense in Thailand or if you know someone who is currently facing a problem related to this matter, if you would like to educate yourself about the Thai law then we suggest you to read this article.

The Criminal Code of Thailand is quite straight forward and direct when implementing provisions, therefore, it is best that when you are facing legal problems in Thailand, you immediately hire a lawyer to support and assist you.

Bails or Bail Bonds are not uncommon in Thailand, in fact, if you are facing a criminal offense chances are, your lawyer will propose you to pay the bail or provide a bail bond in order for you to not be arrested and incarcerated in jail. Of course not all offense are eligible for bail.

Legally speaking, a merger involves the combination of two companies into a single business organization, while acquisitions are derived from the term “acquire,” which means buying or purchasing a company to the extent of taking over.

• Two companies shall do individual Due Diligence and make sure they are legally bounded to do so based on their independent assessment and decision,
• Each company will call for a shareholders meeting at least 14 days before the meeting through registered mail or through a local newspaper and shall release a Special Resolution for Merger, which shall be voted by a majority. In Thai law, the majority in M&A should not be less than ¾ of the total shares of those who are present during the meeting.
• Within 14 days of obtaining a Special Resolution in the matter of merging, it shall be registered accordingly.
• The merging shall be published in any Thai Local newspaper. In case of any opposition to the Special Resolution, a written objection must be sent through registered mail within 60 days. In case of its approval, the merging companies must consider all the details of their agreements.
• The newly combined companies should be registered within 14 days.

1. Plan A Strategy For Acquisition 
The first step to executing an acquisition is to have a particular goal in mind. It is essential to have a clear picture of what you want to get from the acquisition. The initial interest generally involves tax advantages:
 

• The utilization of remaining funds and group value increase
• Decreased start-up costs
• The value of the combined companies should ideally be higher than the respective companies alone.

Depending on the type of acquisition, two types of synergies exist:
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1. If one company acquires a competitor, it is referred to as horizontal acquisition.
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2.If a company acquires another company in order to grow more rapidly, it is referred to as a vertical acquisition. A noteworthy consideration includes whether the purchasing company is financial or industrial.
 

2. Determine The Search Criteria For The Acquisition Opportunity
The primary criteria companies must be identified:
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‍• Management-The acquirer can improve the management of another company.
• Geography-The acquired company has to maintain responsibility for areas where the acquirer will not be involved.
• Treasury-The acquired company lacks in its treasury, and the acquirer can bridge that gap for equity as payment.
• Business areas-The acquirer grows areas of business that complement the business of the acquired company, and this business can easily be integrated and result in economies of scale.
• Elimination of competition
• International expansion
 

3. Search for potential targets:
The following serve as alternatives:
1. A company can utilize professional services for its corporate finance.
2. By means of competence knowledge, a company can identify which prospects are suitable to acquire and their condition.3.You may be granted opportunities by financial institutions such as banks.

4. Transaction Planning:
‍The purchasing company needs to contact multiple companies they may ultimately acquire. Such discussions are intended to provide the acquiring company with information to be able to assess the possible transaction that will occur.The relevant companies often sign a confidentiality agreement or enter into an NDA due to sensitive information being shared in order to promote the advancement of discussions.

‍5. Company Analysis
‍Opportunities that appear to be beneficial will involve a preliminary request sent to the company. This information is to be used to better assess the possible acquisition and entails the examination of audited financial statements without imposing prejudice against other companies.

‍6. Letter of Intent (LOI) and Negotiations
‍The offer that is first set forth is typically non-binding and clarifies the guidelines of the transaction. The two companies can begin negotiations in more detail once the first offer is proposed.

‍7. Due Diligence
‍The comprehensive procedures of Due Diligence commence once the Letter of Intent is accepted. The goal of due diligence is to rectify or confirm the assessment that the acquiring company has put forth to the company being acquired.Some aspects that will be reviewed include:
• The review of the accuracy of financial figures and any adjustments made to the valuation of the company.
• Evaluation of the corporate aspects of the company's liabilities, assets, licences, insurance, customers, contracts, data protection, industrial and intellectual property, and more.
• Evaluation of the fiscal components and the potential contingencies.
• The labor aspects such as the workers' status.The potential contingencies that may result from the acquisition are included in the Due Diligence report.

8. Transactional Documents And Contract Drafting
The Due Diligence report is of high importance when it comes to drafting transaction documents and structuring a strategy. Some aspects that are worth considering include:
• Method of payment
• Guarantees
• Power sharing
• Rules that will govern the companies: Transmissions, governing bodies, decision making
• Retaining important people in the company

9. Finance for the operation:
The company that will execute the acquisition needs to plan for the funds that will be needed to execute the acquisition. The time at which the acquisition occurs often depends on the influx of funds from the company making the acquisition. The acquisition operation is leverageable, as is the case with Leveraged Buy-Outs.
The following requirements need to be met by the acquirer:
• Cash flow generation to resolve debt issues
• A slow-growing or stable company. If the company is fast-growing, it would require cash flow liquidity to develop.
• An experienced team- The potential to lower costsLow unpaid debt
• The possession of non-strategic assets that can be sold to get liquidityAn undemanding investment program and reduced required working capitalDirectors that are company members (recommended)

10. Integration And Closing For The Acquisition:
There will be two timelines at this stage of the process:
1. The signing of the agreement of the operation: asset purchase, acquisition, merger, etc.
2. The integration of the two companies. There may be some complications involved as two companies merge into one. These complications are often related to personnel, internal functions, and computer applications. Such integrations are not easy, but they usually involve some planning before the contract is signed. Companies cannot halt their usual operations as this will lead to losses in value. The internal protocols and decision-making may change once the integration is complete. Therefore, the process of integration is typically well-designed and thought through before it commences.