Anaya Nolan
Thailand has a predominantly civil law legal system, but it is a hybrid of many influences. Thai law has its traditional bases in ancient Hindu Code, modified to conform to local custom. During the 19th century, the Siamese legal system was developed to model the French civil system and is thus primarily statute-based, with major Codes resembling those of European civil law jurisdictions. Common law features are also evident, such as the separation of powers, and Thai law has been influenced by common law precedent. Under the Constitution, the system of government of Thailand is based on the common law Westminster system and is divided between executive, legislative, and judicial branches. The King is the Head of State.
| Characteristics | Values |
|---|---|
| Type of legal system | Predominantly civil law, but a hybrid of many influences |
| Influences | Ancient Hindu Code of Manu, French civil system, common law, ancient Hindu traditions |
| Basis of the legal system | Written law passed by the legislature |
| Primary sources of law | Constitution, legislation (Codes and Acts), decrees, custom |
| Judicial decisions | Not binding, but Supreme Court decisions are influential and often used as secondary authoritative sources |
| System of government | Based on the common law Westminster system, divided between executive, legislative, and judicial branches |
| Head of State | The King |
| Property laws | Similar to Western countries, based on the European civil law system |
| Family law | Based on the European Civil Law system with main influences from the French Civil Law |
| Recognition of marriages | Only civil marriages, does not recognize same-sex marriages, common-law marriages, Buddhist marriages, or marriages where one person is already a spouse |
| Divorce | Dissolution of marriage by the judgment of a court on the grounds for divorce given in the Civil and Commercial Code or by request by both husband and wife |
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What You'll Learn
Thailand's legal system is a hybrid of influences
Thailand has a predominantly civil law legal system, but it is a hybrid of many influences. Thai law has its traditional roots in the ancient Hindu Code of Manu, which was modified to conform to local customs. During the 19th century, the Siamese legal system was developed to model the French civil system, and is thus primarily statute-based, with major Codes resembling those of European civil law jurisdictions. Common law features are also evident, such as the separation of powers, as are ancient Hindu traditions.
Thai law is comprised primarily of statutory law and regulations promulgated by the various government ministries. It is a statutory law system, which means it is mostly based on written law passed by the legislature. The Constitution is the supreme law, and it prevails over other laws passed by parliament. The most recent constitution was drafted in 2017, following a coup d'etat in 2014.
The primary sources of law include the Constitution, legislation (such as Codes and Acts), decrees, and custom. Judicial decisions are not binding, but in practice, Supreme Court decisions are persuasive and are frequently used as secondary authoritative sources of law. Thai law is not made by judges or by judicial decisions based on custom and precedent (as in common law), but in practice, it is impossible to understand Civil Law without also taking into account relevant decisions of courts and previous rulings.
The Civil and Commercial Code of Thailand is the main body of laws that deal with the legal affairs and rights of private persons. It contains areas such as family law, inheritance law, contract law, property law, corporate law, commercial law, and more. The Civil Code is updated as required by amendment acts. The Civil and Commercial Code also contains the main collection of family laws in Thailand, with marriage laws primarily codified in the Civil Code.
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Thai law is predominantly civil law
Thailand has a predominantly civil law legal system, but it is a hybrid of many influences. Thai law has its traditional bases in the ancient Hindu Code of Manu, which has been modified to conform to local custom. During the 19th century, the Siamese legal system was developed to model the French civil system, and is thus primarily statute-based, with major Codes resembling those of European civil law jurisdictions. Common law features are also evident, such as the separation of powers, as are ancient Hindu traditions. The Thai legal system is a statutory law system, which means it is mostly based on written law passed by the legislature.
The most important reference for private law (or civil law) is the Civil and Commercial Code of Thailand. It is composed of several books, with Books I and II first promulgated on 11 November 1925. The Civil Code is updated as required by amendment acts. The Civil and Commercial Code deals with the legal affairs and rights of private persons (natural and juristic persons) and contains areas such as family law, inheritance law, contract law, property law, corporate law, and commercial law.
Family law in Thailand is primarily codified in the Civil and Commercial Code. The legal system of family law in Thailand is based on the European Civil Law system with main influences from the French Civil Law. In civil law, the general rule is codified and works from the top general written law down. Thai law is not made by judges or by judicial decisions based on custom and precedent (as in common law). However, in practice, it is impossible to understand civil law without also taking into account relevant decisions of courts and previous court rulings. Supreme Court opinions are recorded and published and form an important basis for the development of Thai law. Judicial precedent in Thailand is not binding, but Supreme Court decisions are persuasive and are frequently used as secondary authoritative sources of law.
Thailand has been a constitutional monarchy since 1932. There have been twenty constitutions and at least eighteen coups since 1932, resulting in rapid and repeated fluctuations between military rule and elected government. Under the Constitution, the system of government of Thailand is based on the common law Westminster system, and divided between executive, legislative, and judicial branches.
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The Thai constitution is the supreme law
Thailand has a predominantly civil law legal system, but it is a hybrid of many influences. Thai law has its traditional bases in the ancient Hindu Code of Manu, which has been modified to conform to local custom. During the 19th century, the Siamese legal system was developed to model the French civil system, and is thus primarily statute-based, with major Codes resembling those of European civil law jurisdictions. Common law features are also evident, such as the separation of powers, as are ancient Hindu traditions.
The Thai legal system is a statutory law system, which means it is mostly based on written law passed by the legislature. Thai law is comprised primarily of statutory law and regulations promulgated by the various government ministries. The Constitution of Thailand is the supreme law of Thailand, prevailing over other laws passed by parliament. The 2017 Constitution of Thailand is the most recent constitution.
The Thai Constitution has gone through many iterations. There have been 20 constitutions and at least 18 coups since 1932, resulting in rapid and repeated fluctuations between military rule and elected government. The Rattanakosin Kingdom and the four traditionally counted preceding kingdoms, collectively called Siam, had an uncodified constitution until 1932. The 1932 constitution was reused in 1952 with some additional amendments, such as allowing a privy council rather than a supreme council of state. However, in 1957, General Sarit Dhanarajata seized power, abrogated the 1952 constitution, abolished the national assembly, and declared martial law.
The 1949 constitution elevated the throne to its most powerful position since the 1932 overthrow of the absolute monarchy. The king was given several emergency prerogatives, such as the ability to declare war and martial law. The king could also issue his own decrees with authority equal to that of the government.
The 2006 Interim Constitution transferred all power previously held by the 1997 Constitution's Constitutional Court to a Constitutional Judiciary Council. The 2007 Constitution mandated that the Constitutional Court, the highest court in Thailand, be made up of nine judges, with varying backgrounds and selected in different ways. The 2017 Constitution still dictates that three of these judges be experienced members of the Supreme Court, two be experienced judges of the Supreme Administrative Court, one be a university professor in law, and one be a university professor in political science or public administration. The final two judges are selected from among high-level government officials.
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Thai law is not based on judicial precedent
Thailand has a predominantly civil law legal system, but it is a hybrid of many influences. Thai law has its traditional bases in the ancient Hindu Code of Manu, modified to conform to local customs. During the 19th century, the Siamese legal system was developed to model the French civil system and is thus primarily statute-based, with major Codes resembling those of European civil law jurisdictions. Common law features are also evident, such as the separation of powers, as are ancient Hindu traditions.
Thai law is not made by judges or by judicial decisions based on custom and precedent (as in common law). Judicial precedent in Thailand is not binding. Courts are not bound to follow their own decisions, and lower courts are not bound to follow precedents set by higher courts. However, Thai law has been influenced by common law precedent, and courts are significantly influenced by earlier decisions or decisions of higher courts. Supreme Court opinions are recorded and published and form an important basis for the development of Thai law.
The Thai legal system is a statutory law system, which means it is mostly based on written law passed by the legislature. The primary sources of law include the Constitution, which is the supreme law, legislation such as Codes and Acts, decrees, and custom. The Civil and Commercial Code of Thailand is the main body of laws that deal with the legal affairs and rights of private persons (natural and juristic persons). It contains areas such as family law, inheritance law, contract law, property law, corporate law, commercial law, and more.
While Thai law is not based on judicial precedent, it is influenced by various sources, including common law precedent, earlier court decisions, and Supreme Court opinions. The Civil and Commercial Code is the primary reference for private law matters, and the Constitution is the supreme law of the land. Thailand's legal system has evolved over time, incorporating elements from different legal traditions, resulting in a unique blend of civil and common law features.
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Thai criminal procedure law mirrors that of other developed countries
Thailand has a predominantly civil law legal system, but it is a hybrid of many influences. Thai law has its traditional bases in the ancient Hindu Code of Manu, which has been modified to conform to local customs. During the 19th century, the Siamese legal system was developed to model the French civil system and is primarily statute-based, with major Codes resembling those of European civil law jurisdictions. Common law features are also evident, such as the separation of powers, as are ancient Hindu traditions. The Thai legal system is a statutory law system, which means it is mostly based on written law passed by the legislature.
Thai criminal procedure law provides similar rights to accused persons as in other developed countries. However, there are some differences. For example, while there are public prosecutors who file and prosecute most criminal cases in Thailand, Section 28 of the Thailand Criminal Procedure Code allows for private prosecutions by injured individuals. Thai law also requires that law enforcement obtain a search warrant before executing a search. The requirements for a search warrant and an arrest warrant are set out in the Thailand Criminal Procedure Code.
The Thai court system consists of three levels of courts: the Courts of First Instance, the Court of Appeal, and the Supreme Court. The Supreme Court's opinions and other judicial decisions are not binding, but they are influential. Lower courts are not bound to follow precedents set by higher courts. However, Thai law has been influenced by common law precedent, so courts are significantly influenced by earlier decisions or decisions of higher courts. The Supreme Court of Justice publishes its decisions, known as "Supreme Court Opinions", which are frequently used as secondary authorities.
The basic provisions governing criminal offences can be found in Thailand's Penal Code and Criminal Procedure Code. Criminal offences that can lead to arrest and imprisonment are enumerated in the Thai Penal Code (or Criminal Code) and numerous other statutes. Criminal procedures are outlined in the Criminal Procedure Code.
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Frequently asked questions
No, Thailand has a predominantly civil law legal system.
The Thailand Civil and Commercial Code is the main body of laws that deals with the legal affairs and rights of private persons.
Family Law, Inheritance Law, Contract Law, Property Law, Corporate Law, and Commercial Law are all examples of Thai civil law.
Thai law has its traditional bases in the ancient Hindu Code of Manu, modified to conform to local custom. During the 19th century, the Siamese legal system was developed to model the French civil system. Common law features are also evident, such as the separation of powers, as are ancient Hindu traditions.
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